United States District Court, D. Kansas
NOTICE AND ORDER TO PLAINTIFF TO SHOW CAUSE
J. JAMES, U.S. MAGISTRATE JUDGE
Plaintiff Levant Business Solutions Corp.:
December 31, 2019, Plaintiff Levant Business Solutions Corp.
filed a Complaint naming as Defendants Gold Bastion Bank,
Gold Bastion Bancorp and Capital Trust, Mintswitch
Collaborative Incorporated, and Mintswitch,
The Complaint fails to allege facts sufficient for the Court
to determine whether diversity of citizenship exists, as 28
U.S.C. § 1332 requires. In paragraph 9 of the Complaint,
Plaintiff alleges Defendant Mintswitch, LLC “is a
limited liability company formed under the laws of the State
of Kansas, having its principal place of business at 11184
Antioch, Suite 516, Overland Park, KS.” The Complaint
also alleges Plaintiff is “a corporation incorporated
and existing under the laws of South Carolina and maintains
its principal place of business at 27 Turner Street, Yonkers,
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 liability
company, its citizenship is determined by the citizenship of
each member of the LLC. Here, the Complaint identifies
Defendant Mintswitch, LLC's organizational structure as a
limited liability company. But Plaintiff does not allege the
citizenship of any of the members of Mintswitch, LLC. The
allegations thus fail to establish Defendant Mintswitch,
LLC'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.” The Court cannot determine the
citizenship of Defendant Mintswitch, LLC from the information
Plaintiff has provided in the Complaint. Consequently, the
Court cannot conclude that Plaintiff and all Defendants are
diverse for purposes of subject matter jurisdiction. The
Court thus directs Plaintiff to show cause in writing on or
before January 16, 2020 why the Court should not dismiss this
case because it lacks subject matter jurisdiction over the
THEREFORE ORDERED that on or before January 16, 2020,
Plaintiff Levant Business Solutions Corp. is required to show
good cause in writing to U.S. District Judge Sam A. Crow why
the court should not dismiss this action for lack of subject
 ECF No. 1.
 Id. ¶ 9.
 Id. ¶ 4.
 Smith v. Cummings, 445 F.3d
1254, 1260 (10th Cir. 2006).
 28 U.S.C. § 1332(c)(1);
Newsome v. Gallacher, 722 F.3d 1257, 1267 (10th Cir.