Summary
The United States District Court for the District of Nevada addresses Defendants’ removal of a Nevada state-court action based on diversity jurisdiction. The court orders Defendants to supplement their removal petition within 10 days by identifying the state citizenship of each member of Plaintiff New Horizon Medical Solutions LLC.
Topics
Practice areas
Questions Presented
- Whether defendants sufficiently established complete diversity of citizenship to support removal based on 28 U.S.C. § 1332(a).
- Whether defendants must identify the citizenship of each member of the plaintiff LLC to establish diversity jurisdiction.
Holdings
- Defendants failed to meet their burden of establishing diversity jurisdiction because they did not identify the members of New Horizon Medical Solutions LLC or clarify whether those members were citizens of states different from the defendants.
Key quotations
“an LLC is a citizen of every state of which its owners/members are citizens.” (at 1)
“As “the party asserting diversity jurisdiction[, Defendant] bears the burden of proof.”” (at 1)
Factual background
New Horizon Medical Solutions LLC sued Heisu Research Group, LLC, Sabrina Cuesta, and Hugo Romeu in Nevada state court over claims arising from a written agreement. Defendants removed the action, asserting diversity jurisdiction. Although defendants identified the sole member of Heisu Research Group, LLC, they did not identify any members of New Horizon Medical Solutions LLC or establish the states of their citizenship.
Procedural history
Plaintiff filed claims arising from a written agreement in the Eighth Judicial District Court in Clark County, Nevada. Defendants removed the case under 28 U.S.C. § 1441 based on alleged diversity jurisdiction. The federal district court found the removal petition insufficiently established complete diversity and ordered defendants to provide additional citizenship information.