Gerald Beverly v. Western Refining Retail, LLC et al.

Summary

The United States District Court for the Central District of California ordered Western Refining Retail, LLC to show cause why the action should not be remanded to state court. The court found that the notice of removal did not identify the citizenship of the LLC’s owners or members, preventing the court from determining whether complete diversity existed under 28 U.S.C. § 1332.

Holdings

1. The removing defendant bears the burden of establishing that removal is proper.
2. For purposes of diversity jurisdiction, a limited liability company is a citizen of every state of which its owners or members are citizens.
3. The court could not determine whether complete diversity existed because the notice of removal and opposition did not state the citizenship of Western Refining's owners or members.

Questions Presented

1. Whether the removing defendant established complete diversity sufficient to support federal subject matter jurisdiction under 28 U.S.C. § 1332.
2. Whether the court should remand the action because the notice of removal failed to identify the citizenship of the LLC's owners or members.

Disposition

other