United States District Court, D. Kansas
ORDER TO SHOW CAUSE
P. O'Hara, U.S. Magistrate Judge.
filed this personal injury case related to a slip and fall at
a Lowe's store during icy conditions. Shortly before a
scheduling conference in November 2018, the parties jointly
filed a motion to correct the caption and allow a third-party
complaint. The court allowed leave to amend the
complaint to name the proper defendant, BrightView Enterprise
Solutions, L.L.C. (“BVES”). The parties also
agreed that BVES could file a cross-claim against its
snow-removal contractor, SnowGo L.L.C. Plaintiff filed
her amended complaint on November 8, 2018. On November 26,
2018, plaintiff filed a second amended complaint to correct
the name of the SnowGo defendants. SnowGo, L.L.C., SnowGo
National Holdings, L.L.C., and Jeff Limanowski, doing
business as SnowGo, are now named defendants in this case, in
addition to defendants Lowe's Home Centers, L.L.C. and
BVES. To date, counsel for the SnowGo defendants
have not entered an appearance in this case and has therefore
not received service of filings.
second amended complaint alleges this court has subject
matter jurisdiction under 28 U.S.C. § 1332(a)(1) because
the parties are completely diverse. However, it fails to allege
facts sufficient to allow the court to confirm whether
diversity of citizenship exists. To establish diversity
jurisdiction, the citizenship of a business entity is
determined by its organizational structure. For example, if
the business is a corporation, its citizenship is both the
state where its incorporated and the state where its
principal place of business is located. And if the
business is an unincorporated association (such as a limited
liability company, general partnership, or limited
partnership), its citizenship is determined by the
citizenship of each one of its members. The court has
an independent obligation to satisfy itself that subject
matter jurisdiction is proper. It “must dismiss the
cause at any stage of the proceedings in which it becomes
apparent that jurisdiction is lacking.”
the second amended complaint indicates the principal places
of business for the corporate defendants. However, it
is silent as to the identity and citizenship of the
individual members of the limited liability companies:
Lowe's Home Centers, L.L.C.; Brightview Enterprise
Solutions, L.L.C.; SnowGo, L.L.C.; and SnowGo National
Holdings, L.L.C. Thus, the allegations fail to establish
citizenship for diversity jurisdiction purposes. Furthermore,
given the complex procedural history and the alias summons
that have been executed to various entities in this case, the
court finds additional reason to confirm that diversity
THEREFORE ORDERED that by June 5, 2019, the
parties shall file a joint status report, with affidavits
attached, demonstrating the citizenship of each of the
defendants and showing cause why this case should not be
dismissed for lack of jurisdiction.
FURTHER ORDERED that the telephonic scheduling conference
currently set for May 28, 2019 is postponed until
June 13, 2019 at 9:00 a.m. All counsel
participating in this phone conference are directed to dial
the conference center line 888-363-4749, using access code
8914911 to join the conference. The court obviously
doesn't wish to proceed with this conference unless
subject matter jurisdiction can be confirmed.
an answer for SnowGo National Holdings, L.L.C. is due
May 23, 2019 (see ECF No. 46), and
an answer for SnowGo, L.L.C. is due May 28,
2019 (see ECF No. 47). The court wants to
have the input of these two parties before entering a
scheduling order. So, assuming the SnowGo defendants'
timely answers, counsel now of record must conference with
the former's counsel and then inform the court by
June 5, 2019 whether any modifications need
to be made to the deadlines proposed in the Rule 26(f)
planning report that was submitted to chambers on May 17,
 ECF No. 34.
 ECF No. 26.
 ECF No. 28.
 ECF No. 37.
 ECF No. 29.