Direct Electric LLC v. Seeman et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
El Direct Electric LLC d/b/a DE Oilfield 	)
Services, 	)
) 	ORDER
Plaintiff, 	)
)
vs. 	)
)
Joseph John Seeman; Diana Andrea Naomi 	)
Seeman; Chris Reibsomer; Seeman's 	)
Electric, LLC; Reibsomer Electric, LLC; 	)
and R & S Automation and Electric, LLC, 	)
) 	Case No. 1:18-cv-039
Defendants. 	)
This order is issued to permit the court to obtain the information necessary to determine
whether diversity jurisdiction exists in this case. Federal courts are courts of limited jurisdiction.
James Neff Kramper Family Farm P’ship v IBP, Inc., 393 F.3d 828, 834 (8th Cir. 2005). Subject
matter jurisdiction cannot be waived, and if it appears the subject matter jurisdiction is lacking, the
court is obligated to consider the issue sua sponte. Id.; see Fed.R.Civ.P. 12(h)(3) (“If the court
determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”)
In its complaint, plaintiff asserts that this court has diversity jurisdiction pursuant to 28
U.S.C. § 1332 over their claims against defendant. Under 28 U.S.C. § 1332(a), federal district courts
have subject matter jurisdiction over civil actions between parties with complete diversity of
citizenship where the amount in controversy exceeds $75,000. Complete diversity exists when no
defendant is a citizen of the same state as any plaintiff. OnePoint Solutions, LLC v. Borchert, 486
F.3d 342, 346 (8th Cir. 2007). For purposes of diversity jurisdiction, a limited liability company’s
citizenship is determined by the citizenship of each of its members. GMAC Commercial Credit LLC
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v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 828-29 (8th Cir. 2004). Whether diversity exists is
determined by the parties’ citizenship at the time of filing. Scottsdale Ins. Co. v. Universal Crop
Prot. Alliance, LLC, 620 F.3d 926, 931 (8th Cir. 2010) (citing Grupo Dataflux v. Atlas Global
Group, L.P., 541 U.S. 567, 570-71 (2004)).
The court cannot at this point determine the citizenship of the plaintiff or the defendant LLCs
in this action from the record. Consequently, in order to definitively determine whether there is
complete diversity of citizenship between the parties, the court shall require the plaintiff and
defendant LLCs in this action to disclose the citizenship of their respective members by June 18,
2018.
IT IS SO ORDERED.
Dated this 23rd day of May, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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