Ashland Ventures Holdings, LLC, et al. v. West Pine Lofts, LLC, et al.

Summary

The court reviews its subject-matter jurisdiction over a removed Missouri state-court action involving disputed earnest money from a terminated real estate transaction. Because the removing defendant did not adequately plead the citizenship of the members of the LLC parties, the court orders an amended notice of removal within ten days and warns that failure to comply may result in remand.

Holdings

1. The notice of removal did not adequately allege diversity jurisdiction because it failed to identify the members of the LLC parties and the states of citizenship of those members.
2. The citizenship of Kensington Vanguard National Land Services, LLC, as a nominal party, may be disregarded when determining whether diversity jurisdiction exists.
3. The removing defendant was given ten days to file an amended notice of removal properly alleging the court's subject-matter jurisdiction.

Questions Presented

1. Whether the notice of removal adequately established diversity subject-matter jurisdiction under 28 U.S.C. § 1332.
2. Whether a notice of removal adequately alleges an LLC's citizenship when it does not identify each member and each member's state of citizenship.
3. Whether the removing defendant should be given an opportunity to amend the notice of removal before the case is remanded.

Disposition

other