Abacus Data Systems, Inc. v. Wealthcounsel, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ABACUS DATA SYSTEMS, INC. Case No.: 20cv1067-LAB (MSB)

Plaintiff,

ORDER OF DISMISSAL

v. WEALTHCOUNSEL, LLC, et al. Defendants. 16 Plaintiff Abacus Data Systems, Inc. filed this action, bringing state law claims and relying on diversity as the only basis for jurisdiction. Abacus alleged that it is a California corporation with its principal place of business in California, but it failed to allege the citizenship of Defendant Wealthcounsel, LLC. Specifically, it failed to allege the citizenship of Wealthcounsel’s owners or members. See Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (limited liability company is a citizen of every state of which its owners or members are citizens). The Court, carrying out its obligation to confirm its own jurisdiction, sua sponte if necessary, see Mt. Healthy City School Dist. Bd. of Ed. v. Doyle, 429 U.S. 274, 278 (1978), ordered Abacus to show cause why this…