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Case 2:12-cv-09262-GAF-SH Document 14 Filed 12/14/12 Page 1 of 2 Page ID #:69

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. CV 12-9262 GAF (SHx)
Title

Justin Cheng v. BMW of North America LLC et al

Date December 13, 2012

Present: The Honorable

GARY ALLEN FEESS

Renee Fisher
Deputy Clerk
Attorneys Present for Plaintiff:

None

N/A

Court Reporter / Recorder

Tape No.
Attorneys Present for Defendants:

None

None

Proceedings:

(In Chambers)

On October 29, 2012, Plaintiff Justin Cheng filed suit against Defendants BMW of North

ORDER TO SHOW CAUSE



America, LLC; BMW (US) Holding Corp.; and BMW Aktiengesellschaft, alleging a product
defect in Defendants’ 7 Series vehicles. (Docket No. 1 [Compl.].) Plaintiff asks the Court to
exercise diversity jurisdiction under the Class Action Fairness Act (CAFA), but has failed to
properly allege the citizenship of the Defendants. Accordingly, Plaintiff is ORDERED TO
SHOW CAUSE why his Complaint should not be dismissed for lack of subject matter
jurisdiction.


Diversity jurisdiction under CAFA requires only minimal diversity. 28 U.S.C.

§ 1332(d)(2)(A). That is, diversity is satisfied if “any member of a class of plaintiffs is a citizen
of a State different from any defendant.” Id. (emphasis added). “[A] corporation shall be
deemed to be a citizen of any State by which it has been incorporated and of the State where it
has its principal place of business.” 28 U.S.C. § 1332(c)(1). This applies to foreign
corporations. See Danjaq, S.A. v. Pathe Communications Corp., 979 F.2d 772, 774 (9th Cir.
Cal. 1992) (“[L]ogic dictates that there be no distinction drawn between those corporations
incorporated in a state of the United States and those incorporated in a foreign country for
purposes of § 1332(c).”). “[A]n LLC is a citizen of every state of which its owners/members are
citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006).

Here, Plaintiff alleges the place of incorporation for both corporate Defendants, but fails
to allege their principal places of business. (Compl. ¶¶ 17, 18.) As to BMW of North America,
LCC, in his complaint, Plaintiff omits to allege the citizenship of every state of which BMW of

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

Case 2:12-cv-09262-GAF-SH Document 14 Filed 12/14/12 Page 2 of 2 Page ID #:70

LINK: 1

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. CV 12-9262 GAF (SHx)
Title

Justin Cheng v. BMW of North America LLC et al

Date December 13, 2012

North America’s owners/members are citizens. (Compl. ¶ 16.)

Thus, Plaintiff has failed to fully allege the citizenship of the parties. Accordingly,

Plaintiff is ORDERED TO SHOW CAUSE no later than Friday, December 21, 2012 why this
case should not be dismissed for lack of subject matter jurisdiction. Submission of a First
Amended Complaint properly alleging the citizenship of the parties will satisfy this Order.

IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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