Stanic

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 CHRISTOPHE STANIC, Case No. 21-cv-08063-NC 11 Plaintiff, ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE v. REMANDED 13 ORTHOFIX US LLC, and others, Re: ECF 1 14 Defendants. 15 16 Defendant Orthofix US, LLC removed this case from Santa Clara County Superior Court on October 14, 2021. ECF 1. In its removal notice, Orthofix alleges that removal is proper based on diversity jurisdiction under 28 U.S.C. § 1332(a)(3). Id. at ¶ 5. However, in reaching this conclusion, Orthofix commits two errors. First, Orthofix incorrectly applies the corporation citizenship test to itself, a limited liability company. Id. at ¶ 13. In the Ninth Circuit, LLCs are treated like partnerships for the purposes of diversity jurisdiction. See Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). As such, Orthofix should have listed the citizenship of all its members and then evaluated diversity. See…