UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES -- GENERAL

Case No. CV 23-4440-JFW(JPRx) Date: November 16, 2023 Title: Emergency Roadside Service, Inc. -v- KLLM Expedited Services LLC

PRESENT:

HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE

Shannon Reilly None Present Courtroom Deputy Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS:

None None

PROCEEDINGS (IN CHAMBERS): ORDER TO SHOW CAUSE WHY THIS ACTION

SHOULD NOT BE DISMISSED FOR LACK OF

SUBJECT MATTER JURISDICTION

On June 2, 2023, Plaintiff Emergency Roadside Service, Inc., dba Panorama Truck Repair and Towing Service (“Plaintiff”) filed a Complaint against Defendant KLLM Expedited Services LLC (“Defendant”) in this Court, alleging that this Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a). Diversity jurisdiction founded under 28 U.S.C. § 1332(a) requires that (1) all plaintiffs be of different citizenship than all defendants, and (2) the amount in controversy exceed $75,000. See 28 U.S.C. § 1332(a). For the purposes of diversity jurisdiction founded under 28 U.S.C. § 1332(a), a limited liability company is a citizen of every state of which its members are citizens. See, e.g., Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (“[L]ike a partnership, an LLC is a citizen of every state of which its owners/members are citizens.”). Although Defendant is a limited liability company, Plaintiff fails to allege the citizenship of any of Defendant’s members. Accordingly, Plaintiff is hereby ordered to show cause, in writing, no later than November 21, 2023 why this action should not be dismissed for lack of subject matter jurisdiction. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the dismissal of this action.

IT IS SO ORDERED.