1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

10 C N JEWELLERS LLC, and others, Case No. 20-cv-06997-NC 11 Plaintiffs,

ORDER TO SHOW CAUSE WHY

12 v. CASE SHOULD NOT BE

DISMISSED

13 PNG JEWELERS INC.,

14 Defendant. 15 16 Plaintiffs C N Jewellers LLC and Nilesh Soni filed a complaint against Defendant 17 PNG Jewelers Inc. on October 7, 2020. ECF 1. In their complaint, Plaintiffs allege that the 18 Court has jurisdiction based on diversity jurisdiction under 28 U.S.C. § 1332. ECF 1 at 2. 19 However, in reaching this conclusion Plaintiffs incorrectly applied the corporation 20 citizenship test to C N Jewellers, a limited liability company. Id. LLCs are treated like 21 partnerships for the purposes of diversity jurisdiction. See Johnson v. Columbia Props. 22 Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). As such, Plaintiffs should have listed 23 the citizenship of all of C N Jewellers’ members and then evaluated diversity. See 15A 24 Moore’s Federal Practice - Civil § 102.57 (2020). 25 Accordingly, the Court ORDERS Plaintiffs to show cause in writing why this case 26 should not be dismissed by March 2, 2021. Defendant’s reply is due March 6, 2021. 27 // 1 IT IS SO ORDERED. 2 3 || Dated: February 23, 2021 —<———~_ _

NATHANAEL M. COUSINS

4 United States Magistrate Judge 5 6 7 8 9 10 11 12

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