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

10 ACADYA CAPITAL GROUP LLC, Case No. 20-cv-07837-NC 11 Plaintiff,

ORDER TO SHOW CAUSE WHY

12 v. CASE SHOULD NOT BE

DISMISSED

13 TEXAS A&M UNIVERSITY, and others, 14 Defendants. 15

16 17 Plaintiff Acadya Capital Group LLC filed a complaint against Defendants Texas 18 A&M University and Pao-Tai Lin on November 5, 2020. ECF 1. In its complaint, Acadya 19 alleges that the Court has subject matter jurisdiction based on diversity jurisdiction under 20 28 U.S.C. § 1332. ECF 1 ¶ 8. However, in reaching this conclusion Acadya incorrectly 21 applied the corporation citizenship test to itself, a limited liability company. Id. at ¶ 1. 22 LLCs are treated like partnerships for the purposes of diversity jurisdiction. See Johnson 23 v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). As such, Plaintiff 24 should have listed the citizenship of all of Acadya’s members and then evaluated diversity. 25 See 15A Moore’s Federal Practice - Civil § 102.57 (2020). 26 Accordingly, the Court ORDERS Acadya to show cause in writing why this case 27 should not be dismissed by March 17, 2021. Defendant’s reply is due March 19, 2021. 1 IT IS SO ORDERED. 2 3 || Dated: March 10, 2021 —<———~_ _

NATHANAEL M. COUSINS

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

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