IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
February 8, 2008
PORCO, INC., PLAINTIFF,
GENETIPORC, U.S.A., LLC, A MINNESOTA LIMITED LIABILITY COMPANY, DEFENDANT.
The opinion of the court was delivered by: Herndon, Chief Judge
This sua sponte Order is triggered by the Court's initial review of the complaint.*fn1 The Court notes that the complaint does not properly plead subject matter jurisdiction, namely the citizenship of the respective parties.*fn2
Complete diversity means that "none of the parties on either side of the litigation may be a citizen of the state of which a party on the other side is a citizen." Howell v. Tribune Entertainment Co., 106 F.3d 215, 217 (7th Cir. 1997). "The citizenship for diversity purposes of a limited liability company, however, despite the resemblance of such a company to a corporation (the hallmark of both being limited liability), is the citizenship of each of its members." Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006)(collecting cases); see also Commonwealth Ins. Co. v. Titan Tire Corp., 398 F.3d 879, 881 n. 1 (7th Cir. 2004)(citing Belleville Catering Co. v. Champaign Market Place, LLC., 250 F.3d 691, 692 (7th Cir. 2003)). In determining the existence of diversity jurisdiction, courts look to the citizenship of all partners or investors in a partnership or limited liability company. Lear Corporation v. Johnson Electric Holdings Limited, 353 F.3d 580, 582 (7th Cir. 2003). Here the allegations regarding Genetiporc's citizenship are insufficient to confer diversity jurisdiction.
Thus, the Court DISMISSES without prejudice Plaintiff's complaint for failure to properly plead and establish subject matter jurisdiction. The Court ALLOWS Plaintiff up to and including March 28, 2008 to file an amended complaint that comports with this Order.
IT IS SO ORDERED.
David R Herndon Chief Judge United States District Court