1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LION FISHERIES, LLC, Case No. 3:23-cv-05173-JSC

8 Plaintiff,

ORDER TO SHOW CAUSE RE: LACK

9 v. OF SUBJECT MATTER

JURISDICTION

10 A1 TRANSMISSION & MARINE, INC., et al., Re: Dkt. No. 1 11 Defendants.

12 13 Lion Fisheries, LLC (“Lion Fisheries”) filed a complaint in this Court. (Dkt. No. 1.) 14 Lion Fisheries contends the Court has subject matter jurisdiction “pursuant to 28 U.S.C. § 1332 15 because plaintiff and the defendants are citizens of different states and the amount in controversy 16 exceeds $75,000.” (Id. ¶ 4.) A federal court’s diversity jurisdiction extends to “all civil actions 17 where the matter in controversy exceeds . . . $75,000 . . . and is between . . . citizens of different 18 States.” 28 U.S.C. § 1332(a)(1). “This statute . . . require[s] complete diversity of citizenship” 19 meaning “each defendant” must be “a citizen of a different State from each plaintiff.” Owen 20 Equip. & Erection Co. v. Kroger, 437 U.S. 365, 373 (1978). 21 In its complaint, Lion Fisheries asserts it “is a Washington limited liability company” and 22 both Defendants are “California[n]” for jurisdictional purposes. (Id. ¶¶ 1-3.) However, “an LLC 23 is a citizen of every state of which its owners/members are citizens.” Johnson v. Columbia 24 Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Lion Fisheries does not allege the 25 citizenship of its members or owners. So, the complaint insufficiently alleges subject-matter 26 jurisdiction because the complaint does not allege complete diversity between the parties. 27 Accordingly, the Court ORDERS Lion Fisheries to SHOW CAUSE, by December 1, 2023, 1 held. Plaintiff may submit an Amended Complaint which properly alleges Lion Fisheries’ 2 || citizenship if it chooses. 3 IT IS SO ORDERED. 4 Dated: November 20, 2023 5 6 ne

ACQWELINE SCOTT CORLEY,

7 United States District Judge 8 9 10 11 a 12

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it

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