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BPI Energy, Inc. v. IEC

April 13, 2007

BPI ENERGY, INC., PLAINTIFF,
v.
IEC (MONTGOMERY), LLC, CHRISTIAN COAL HOLDINGS, LLC, SHELBY COAL HOLDINGS, LLC, CLINTON COAL HOLDINGS, LLC, AND MARION COAL HOLDINGS, LLC, DEFENDANTS.



The opinion of the court was delivered by: Herndon, District Judge

ORDER

Pursuant to the Court's March 27, 2007 Order (Doc. 6), which dismissed this matter without prejudice, for failure to properly establish jurisdiction, Plaintiff has moved for leave to file its Amended Complaint (Doc. 7). Plaintiff makes a good faith attempt to correct the jurisdictional deficiencies noted by the Court in its Order, however, despite its diligence, has not been able to uncover the necessary public records to indicate the citizenship of the defendant LLC's. Therefore, the Court will GRANT Plaintiff leave to file its Amended Complaint. Plaintiff shall file its Amended Complaint on or before Wednesday, April 18, 2007.

Once Defendants have been properly served, the Court further ORDERS

Plaintiff to conduct limited discovery regarding the citizenship of each defendant LLC in order to subsequently advise the Court as to whether diversity jurisdiction exists. Defendants shall comply with Plaintiff's discovery requests in this regard.

IT IS SO ORDERED.

David R. Herndon United States District Judge

20070413

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