Multi-State Partnership for Prevention, LLC v. Deloitte Consulting, LLP

Background

Multi-State Partnership for Prevention, LLC sued Deloitte Consulting, LLP. The complaint asserted federal-question jurisdiction and, alternatively, diversity-of-citizenship jurisdiction.

The court addressed the diversity allegations. The complaint stated that Multi-State Partnership for Prevention is a limited liability company whose single member is Tiffany Tate, but it did not state Tate’s state of domicile. It also did not identify the citizenship of Deloitte’s members, even though Deloitte was alleged to be a limited liability partnership.

Jurisdictional Requirements

The court explained that diversity jurisdiction is available only when all opposing parties are completely diverse in citizenship. For a limited liability company, the complaint must identify the citizenship of its members. For a limited liability partnership, it must identify the citizenship of all general and limited partners, including the citizenship of any corporate members through their place of incorporation and principal place of business. For a natural person, citizenship is determined by domicile.

Order

Within 14 days of the order, the plaintiff may serve Deloitte with one interrogatory seeking the citizenship of all natural persons who are members and, for any corporate member, its state of incorporation and principal place of business. Deloitte must respond within 14 days.

Within 45 days of the order, the plaintiff must amend its complaint to truthfully and accurately allege Deloitte’s citizenship and Tiffany Tate’s citizenship. If the plaintiff does not allege complete diversity by that deadline, the complaint’s allegation of subject-matter jurisdiction based on diversity of citizenship will be stricken. The order does not state that the court dismissed the case or resolve the asserted federal-question jurisdiction.