Taber v. Exemplar Holdings, LLC

Taber · United States District Court for the District of Nevada · December 2, 2025 · No. 2:23-cv-00670-APG-BNW

Summary

This order certifies questions to the Supreme Court of Nevada concerning where a cause of action against a limited liability company arises under Nevada's borrowing statute, NRS § 11.020. The questions focus on whether an LLC resides in its state of formation or its principal place of business for statute-of-limitations purposes. The order arose from a breach-of-contract action involving unpaid compensation and designates the plaintiff as appellant and the defendant as respondent.

Holdings

  1. The court certified to the Supreme Court of Nevada the questions of where a cause of action on an obligation against an LLC arises under NRS § 11.020 and whether an LLC resides in its place of formation or principal place of business.

Questions Presented

  1. Where does a cause of action on an obligation against a limited liability company arise under Nevada's borrowing statute, NRS § 11.020?
  2. For purposes of Nevada's borrowing statute, does a limited liability company reside in its state of formation or its principal place of business?
  3. Whether the unresolved LLC-residence question should be certified to the Supreme Court of Nevada.

Disposition

other

Cases Cited (8)

  • Flowers v. Carville, 310 F.3d 1118 (9th Cir. 2002)(cited)
  • Lewis v. Hyams, 63 P. 126 (Nev. 1900)(followed as existing rule)
  • Wing v. Wiltsee, 223 P. 334 (Nev. 1924)(followed as existing rule)
  • Alberding v. Brunzell, 601 F.2d 474 (9th Cir. 1979)(cited)
  • Daimler AG v. Bauman, 571 U.S. 117 (2014)(cited)
  • Impossible Foods Inc. v. Impossible X LLC, 80 F.4th 1079 (9th Cir. 2023)(cited)
  • Flournoy v. McKinnon Ford Sales, 520 P.2d 600 (Nev. 1974)(cited and limited)
  • Liberty Mutual v. Thomasson, 317 P.3d 831 (Nev. 2014)(cited and limited)

Cited In (0)

No citing cases on record yet.

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