Edwards

Edwards v. Thermigen LLC

Good Law
United States District Court, Northern District of CaliforniaJanuary 12, 20233:21-cv-01828California396 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FERNANDO EDWARDS, et al., Case No. 21-cv-01828-JSC

Plaintiffs,

ORDER TO SHOW CAUSE RE:

v. DIVERSITY JURISDICTION

THERMIGEN LLC, Re: Dkt. No. 56 Defendant.

12 In the operative first amended complaint (“FAC”), Dr. Sharon de Edwards brings claims against Thermigen LLC. (Dkt. No. 56.) Dr. de Edwards, a citizen of California, asserts federal subject matter jurisdiction on the basis of diversity. (Id. ¶¶ 1, 5.) The FAC alleges Thermigen is “a Registered Foreign Corporation in California, located at 4719 South Congress Avenue, Austin, TX 78745, engaged in the sale of Medical Devices and doing business throughout the State of California.” (Id. ¶ 2.) However, “an LLC is a citizen of every state of which its owners/members are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Therefore, the FAC does not properly allege diversity jurisdiction because it does not allege the citizenship of…

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