Emi Saito v. FCA US LLC

facts. (See Excerpt from FCA’s 2014 Form 10-K filing, Exhibit L to Hernandez Decl.,{.. .).” (Notice of Removal {| 28.) As a limited liability company, Removing Defendant’s citizenship is determined by the citizenship of its members, which Removing Defendant has not alleged. Specifically, the Notice of Removal alleges Removing Defendant’s citizenship as if it were a corporation, rather than as an LLC. As a result, Removing Defendant has not satisfactorily alleged its own citizenship. “Absent unusual circumstances, a party seeking to invoke diversity jurisdiction should be able to allege affirmatively the actual citizenship of the relevant parties.” Kanter, 265 F.3d at 857. Moreover, a defendant is presumed to know the facts surrounding its own citizenship. See, e.g., Leon v. Gordon Trucking, Inc., 76 F. Supp. 3d 1055, 1063 (C.D. Cal. 2014); Cretian v. Job1USA, Inc., No. 09-CV-770-ST, 2009 WL 4841039, at *1 (D. Or. Dec. 11, 2009) (“Defendant is presumed to know its own citizenship; indeed it is in the best position to know it for purposes of removal.”). By failing to allege its members’ citizenship, Removing Defendant has failed to establish its citizenship and, therefore,…