United States District Court, D. Kansas
NOTICE AND ORDER TO PLAINTIFF TO SHOW CAUSE
J. James U.S. Magistrate Judge.
Plaintiff Icon Structures, Inc.
January 17, 2019, Plaintiff Icon Structures, Inc. filed a
Complaint naming as Defendant 84 Lumber Company,
The Complaint fails to allege facts sufficient for the Court
to determine whether diversity of citizenship exists, as
§ 1332 requires. In paragraph 2 of the Complaint,
Plaintiff alleges Defendant 84 Lumber Company, L.P. “is
a Pennsylvania limited partnership with its principal place
of business in Eighty Four, Washington County, Pennsylvania,
15330.” The Complaint also alleges Plaintiff is a
Kansas corporation. On March 6, 2019, Defendant 84 Lumber
Company, L.P. filed its Answer and Counterclaim and admitted
the allegations of paragraph 2 of the
diversity jurisdiction purposes, a person is a citizen of the
state where she 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 partnership,
its citizenship is determined by the citizenship of each
the Complaint identifies Defendant 84 Lumber Company,
L.P.'s organizational structure as a limited partnership.
But neither Plaintiff nor Defendant 84 Lumber Company, L.P.
identifies the citizenship of any of the members of Defendant
84 Lumber Company, L.P. The allegations thus fail to
establish Defendant 84 Lumber Company, L.P.'s citizenship
for diversity jurisdiction purposes.
bears the burden to establish that federal court jurisdiction
is proper. In addition, the Court has an independent
obligation to satisfy itself that subject matter jurisdiction
is proper,  and, “without jurisdiction, must
dismiss the case.”
Court cannot determine the citizenship of Defendant 84 Lumber
Company, L.P. from the information Plaintiff has provided in
the Complaint. Consequently, the Court cannot conclude that
Plaintiff and Defendant are diverse for purposes of subject
matter jurisdiction. The Court thus directs Plaintiff to show
cause in writing on or before March 21, 2019
why the Court should not dismiss this case because it lacks
subject matter jurisdiction over the action.
IS THEREFORE ORDERED that on or before March
21, 2019, Plaintiff Icon Structures, Inc. is
required to show good cause in writing to U.S. District Judge
John W. Broomes why the court should not dismiss this action
for lack of subject matter jurisdiction.
IS SO ORDERED
 ECF No. 1.
 Id. ¶2.