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Ramos v. Lumiere Industries, LLC

United States District Court, S.D. Indiana, Indianapolis Division

December 22, 2014

STEVEN A. RAMOS AND IMAGINE & DISCOVERY, INC., Plaintiffs,
v.
LUMIERE INDUSTRIES, LLC AND AGFA CORPORATION, Defendants.

ORDER

JANE MAGNUS-STINSON, District Judge.

Plaintiffs filed their Complaint against Defendants alleging that this Court has diversity jurisdiction over their action. [Filing No. 1 at 1-2.] Plaintiffs properly set forth their citizenships, the citizenship of Defendant AFGA Corporation, and the amount in controversy, but allege that Defendant Lumiere Industries, LLC ("Lumiere") "is a Colorado limited liability company with its principal place of business in Littleton, Colorado." [Filing No. 1 at 1.]

Plaintiffs' allegations regarding Lumiere are insufficient to establish its citizenship because the "citizenship of an LLC depends on [the] citizenship of its members, traced through as many levels as necessary to reach corporations or natural persons." BouMatic, LLC v. Idento Operations, BV , 759 F.3d 790, 791 (7th Cir. 2014) (citing Cosgrove v. Bartolotta , 150 F.3d 729 (7th Cir. 1998)). The Court is not being hyper-technical: Counsel has a professional obligation to analyze subject-matter jurisdiction, Heinen v. Northrop Grumman Corp. , 671 F.3d 669 (7th Cir. 2012), and a federal court always has a responsibility to ensure that it has jurisdiction, Hukic v. Aurora Loan Servs. , 588 F.3d 420, 427 (7th Cir. 2009).

For these reasons, Plaintiffs are ORDERED to file an Amended Complaint by January 7, 2015, specifically setting forth jurisdictional allegations to establish the citizenship Lumiere and the other parties.


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