HSM Holdings, LLC v. Mantu I.M. Mobile LTD.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HSM HOLDINGS, LLC, Case No. 19-cv-04391-JST

8 Plaintiff,

ORDER TO SHOW CAUSE RE:

9 v. SUBJECT MATTER JURISDICTION;

ORDER VACATING MOTION

10 MANTU I.M. MOBILE LTD., et al., HEARING 11 Defendants. Re: ECF No. 12

12 13 Defendant Joseph Cayre removed this case from state court on the basis of diversity 14 jurisdiction. ECF No. 1 at 3. The notice of removal states that “plaintiff HSM was and is a 15 Delaware corporation with its principal place of business in California.” Id. However, in the 16 complaint filed in state court, HSM alleges that it is “a Delaware limited liability company, with 17 its principal place of business in Alameda County, California.” ECF No. 1-1 at 4 (emphasis 18 added). This distinction is significant for purposes of determining diversity jurisdiction because, 19 like a partnership, a limited liability company (“LLC”) “is a citizen of every state of which its 20 owners/members are citizens.” Johnson v. Columbia Properties…