Olivier v. Williams et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Nicole Olivier,
Plaintiff,
v.
Cody Joseph Williams, et al.,
Defendants.
No. CV-25-04289-PHX-JJT
ORDER
At issue is Defendants Cody Jospeh Williams and Uphill Farm, LLC’s Notice of
Removal (Doc. 1, Not.). The Court has reviewed the Notice of Removal and finds that
Defendants have not sufficiently alleged that the Court has subject matter jurisdiction over
this matter. The Court will therefore remand this matter to state court.
Federal courts may exercise removal jurisdiction over a case only if subject matter
jurisdiction exists. 28 U.S.C. § 1441(a); Valdez v. Allstate Ins. Co., 372 F.3d 1115, 1116
(9th Cir. 2004). The removing party bears the burden of providing a signed notice of
removal that contains a short and plain statement of the grounds for removal, including the
Court’s subject matter jurisdiction. 28 U.S.C. §§ 1441(a), 1446(a).
Here, Defendants assert diversity jurisdiction as the basis for removal. (Not. ¶ 10.)
Diversity jurisdiction exists in actions between citizens of different states where the amount
in controversy exceeds $75,000, exclusive of interest and costs. 28 U.S.C. § 1332(a). As
the Court has stated in numerous previous Orders based on a 2006 decision of the Ninth
Circuit Court of Appeals, for the purpose of determining diversity of citizenship, “an LLC
Case 2:25-cv-04289-JJT Document 5 Filed 11/21/25 Page 1 of 2

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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). Relatedly, if the
owners/members of an LLC are other LLCs, the citizenship of the LLC is every state of
which the owners/members of the owner/member LLCs are citizens.
In the present case Defendant Uphill Farm, LLC is an LLC. And yet, for the purpose
of alleging diversity of citizenship, Defendant Uphill Farm, LLC alleges that it “is a
California corporation with its principal place of business in California,” presumably
implying that it is a citizen of California. (Not. ¶ 8.) These allegations are legally incorrect
and insufficient to demonstrate the Court’s subject matter jurisdiction over this case.
Accordingly, the Court will remand this case to state court. 28 U.S.C. § 1447(c).
IT IS THEREFORE ORDERED directing the Clerk of Court to remand this case
to Maricopa County Superior Court.
Dated this 20th day of November, 2025.
Honorable John J. Tuchi
United States District Judge
Case 2:25-cv-04289-JJT Document 5 Filed 11/21/25 Page 2 of 2