Yolked, Inc. v. CFG Merchant Solutions, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

YOLKED, INC. and JIM ANGELOPOULOS, Case No. 23-cv-02216 NC 12 Plaintiffs,

ORDER TO DEFENDANT TO

13 v. SHOW CAUSE RE: SUBJECT CFG MERCHANT SOLUTIONS, LLC, MATTER JURISDICTION;

VACATING JUNE 28 HEARING

Defendant. 16 This case was removed from Santa Clara County Superior Court by defendant CFG Merchant Solutions, LLC. ECF 1. The party seeking to invoke federal court jurisdiction (here, the defendant CFG) has the burden of establishing that federal subject matter jurisdiction exists. Scott v. Breeland, 792 F.2d 925, 927 (9th Cir. 1986). The federal court is a court of limited jurisdiction and must presume a lack of jurisdiction until the party asserting jurisdiction establishes otherwise. Id. It is elementary that 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). It is not a citizen of the state in which it was formed or…