FS Medical Supplies, LLC v. Tannergap, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
FS MEDICAL SUPPLIES, LLC, Case No. 21-cv-03017-NC Plaintiff,
ORDER TO SHOW CAUSE WHY
v. CASE SHOULD NOT BE
REMANDED
TANNERGAP, INC., and others, Re: ECF 1 Defendants.
16 Defendants TannerGap, Inc. and Tanner Pharma UK Limited removed this case 17 from Santa Clara County Superior Court on April 26, 2021. ECF 1. In their removal 18 notice, Defendants allege that removal is proper based on diversity jurisdiction, under 28 19 U.S.C. § 1332. ECF 1 at 4-5. However, in reaching this conclusion, Defendants 20 incorrectly applied the corporation citizenship test to Plaintiff FS Medical Supplies, LLC 21 and Defendant Tanner Pharma UK Limited. Id. LLCs and foreign limited companies are 22 treated like partnerships for the purposes of diversity jurisdiction. See Johnson v. 23 Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006); see also Kennedy v. 24 Sphere Drake Ins. P.L.C. No. 4 A/C, No. 00-36045, 2002 U.S. App. LEXIS 6054, at *7 25 (9th Cir. Apr. 2, 2002) (finding…