United States District Court, D. Kansas
NOTICE AND ORDER TO DEFENDANT PK MANAGEMENT, LLC TO
J. James U.S. Magistrate Judge
Defendant PK Management, LLC
22, 2018, Defendant PK Management, LLC removed this case from
the District Court of Wyandotte County, Kansas, asserting
this court has subject matter jurisdiction under 28 U.S.C.
§ 1332. The Notice of Removal fails to allege
facts sufficient for the Court to determine whether diversity
of citizenship exists, as § 1332 requires. PK
Management, LLC alleges it is “a California limited
liability company organized and existing under the laws of
the State of California, with its principal place of business
located in the State of California. Defendant is therefore a
citizen of the State of California for purposes of
determining diversity jurisdiction.”The Notice of
Removal further states that Defendant Central Park Investors,
LLC is “a limited liability company organized under the
laws of the State of Ohio, with its principal place of
business located in California; therefore, . . . [it] is a
citizen of the states of Ohio and California for the purposes
of determining diversity jurisdiction.”
removed action also names as Defendants Aspen Companies
Management LLC and Central Park Holdings, LLC. The Notice of
Removal makes no mention of those entities.
PK Management, LLC alleges that plaintiff Leora Riley is a
resident of Wyandotte County, Kansas and is therefore a
citizen of the State of Kansas. The Notice of Removal makes no
allegations of residency or citizenship for Plaintiffs
Carolyn Bell or Terri Ozburn.
diversity jurisdiction purposes, a person is a citizen of the
state where he resides.The citizenship of a business entity is
determined by its organizational structure. If the business
is a corporation, it is a citizen of the state where it is
incorporated and the state where its principal place of
business is located. If the business is a limited liability
company, its citizenship is determined by the citizenship of
each member of the LLC.
the Notice of Removal identifies each Defendant's
organizational structure as limited liability companies. But
PK Management, LLC never identifies the citizenship of any of
the members of PK Management, LLC, Central Park Investors,
LLC, Aspen Companies Management, LLC, or Central Park
Holdings, LLC. The allegations thus fail to establish any
Defendant's citizenship for diversity jurisdiction
purposes. Moreover, the allegations also fail to establish
Plaintiffs Carolyn Bell and Terri Ozburn's citizenship
for diversity jurisdiction purposes.
Court has an independent obligation to satisfy itself that
subject matter jurisdiction is proper,  and “must
dismiss the cause at any stage of the proceedings in which it
becomes apparent that jurisdiction is
Court cannot determine the citizenship of any party other
than Leora Riley from the information PK Management, LLC has
provided in the Notice of Removal. Consequently, the Court
cannot conclude that Plaintiffs and Defendants are diverse
for purposes of subject matter jurisdiction. The Court thus
directs PK Management, LLC to show cause in writing
on or before July 6, 2018 why the Court
should not remand this case to state court because it lacks
subject matter jurisdiction over the action.
IS THEREFORE ORDERED that PK Management, LLC is
required to show good cause in writing, on or before
July 6, 2018, why the Court should not remand this
action for lack of subject matter jurisdiction.
IS SO ORDERED.
 ECF No. 1 at 3.