Case: 4:13-cv-01507-CAS Doc. #: 13 Filed: 09/19/13 Page: 1 of 3 PageID #: 100
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
WESTERN WORLD INSURANCE
JOE’S TREE TRIMMING, L.L.C., et al.,
No. 4:13-CV-1507 CAS
MEMORANDUM AND ORDER
This matter is before the Court on review of the file. The Eighth Circuit has admonished
district courts to “be attentive to a satisfaction of jurisdictional requirements in all cases.” Sanders
v. Clemco Indus., 823 F.2d 214, 216 (8th Cir. 1987). “In every federal case the court must be
satisfied that it has jurisdiction before it turns to the merits of other legal arguments.” Carlson v.
Arrowhead Concrete Works, Inc., 445 F.3d 1046, 1050 (8th Cir. 2006). “A plaintiff who seeks to
invoke diversity jurisdiction of the federal courts must plead citizenship distinctly and
affirmatively.” 15 James Wm. Moore, et al., Moore’s Federal Practice § 102.31 (3d ed. 2013).
The Complaint in this case asserts that the Court has jurisdiction over the action pursuant to
28 U.S.C. § 1332 because the lawsuit is between citizens of different States and the matter in
controversy exceeds the sum of $75,000. The Complaint alleges that plaintiff Western World
Insurance Company is a New Hampshire corporation with its principal place of business in New
Jersey. The Complaint also alleges that defendant Joe’s Tree Trimming, L.L.C. is a Missouri limited
liability company with its principal place of business in Missouri. It further alleges that individual
Case: 4:13-cv-01507-CAS Doc. #: 13 Filed: 09/19/13 Page: 2 of 3 PageID #: 101
defendants Joe Waggoner and Heath Bollinger are “residents” of Missouri. These allegations are
insufficient for the Court to determine whether it has diversity jurisdiction over this matter.
Plaintiff apparently assumes that a limited liability company is treated like a corporation and
thus is a citizen of its state of organization and its principal place of business. See 28 U.S.C.
§§ 1332(a), (c)(1); Sanders, 823 F.2d at 215 n.1. That is incorrect. The Eighth Circuit has held that
limited liability companies are citizens of every state of which any member is a citizen. See GMAC
Commercial Credit, LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004). Thus, for
defendant Joe’s Tree Trimming, L.L.C., the Court must examine the citizenship of each member of
the limited liability company to determine whether diversity jurisdiction exists. The Complaint
contains no allegations concerning the members of Joe’s Tree Trimming, L.L.C. or their citizenship.
The Complaint alleges that the individual defendants Waggoner and Bollinger reside in
Missouri but does not allege facts concerning these defendants’ citizenship. “A complaint that
alleges merely residency, rather than citizenship, is insufficient to plead diverse citizenship.” 15
Moore’s Federal Practice § 102.31; see Sanders, 823 F.2d at 215 n.1.
The Court will grant plaintiff seven (7) days to file an amended complaint that alleges facts
showing the existence of the requisite diversity of citizenship of the parties. If plaintiff fails to
timely and fully comply with this Order, the Court will dismiss this matter without prejudice for lack
of subject matter jurisdiction.
IT IS HEREBY ORDERED that by September 26, 2013, plaintiff shall file an amended
complaint that alleges facts establishing the citizenship of each defendant.
Case: 4:13-cv-01507-CAS Doc. #: 13 Filed: 09/19/13 Page: 3 of 3 PageID #: 102
IT IS FURTHER ORDERED that if plaintiff does not timely and fully comply with this
order, this matter will be dismissed without prejudice for lack of subject matter jurisdiction.
IT IS FURTHER ORDERED that all other proceedings in this case are STAYED pending
further order of this Court.
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 19th day of September, 2013.