Solomon v. Google LLC
- Edward Davila
- 5:21-cv-03227
- U.S. District Court · Northern District of California
- 2
In Solomon v. Google LLC, Judge Cousins ordered Solomon to explain why the case should not be dismissed over incomplete diversity-jurisdiction allegations.
Judy Solomon, who was required to address whether the court had diversity jurisdiction; Google LLC was given a deadline to respond.
What happened
Solomon v. Google LLC began when Judy Solomon sued Google LLC and claimed the federal court had diversity jurisdiction, which generally requires qualifying citizenship differences between the parties.
The court said Solomon used the citizenship rules for corporations instead of the rules for limited liability companies. For an LLC, she needed to identify the citizenship of all its members and then assess whether diversity jurisdiction existed.
Judge Nathanael M. Cousins ordered Solomon to explain in writing by May 17, 2021, why the case should not be dismissed. Google’s response was due May 24, 2021. The order did not itself dismiss the case.
The detailed version
- Solomon v. Google LLC · No. 5:21-cv-03227
- Edward Davila
- May 3, 2021
Background
Judy Solomon filed a complaint against Google LLC. She alleged that the court had subject-matter jurisdiction based on diversity jurisdiction under 28 U.S.C. § 1332(d)(2). Diversity jurisdiction is a basis for federal jurisdiction that depends on the parties’ citizenship and other statutory requirements.
Jurisdictional issue
The court stated that Solomon incorrectly applied the citizenship test for a corporation to Google, which is a limited liability company. For diversity-jurisdiction purposes, the court explained, limited liability companies are treated like partnerships. Solomon therefore needed to identify the citizenship of all of Google’s members and then evaluate whether diversity jurisdiction existed.
Order
The court ordered Solomon to show cause—that is, to explain in writing—why the case should not be dismissed. Her written response was due May 17, 2021, and Google’s response was due May 24, 2021. The order did not dismiss the case. The order was signed by Nathanael M. Cousins, United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.