Lion Fisheries, LLC v. A1 Transmission & Marine, Inc.
- Jacquelyn Corley
- 3:23-cv-05173
- U.S. District Court · Northern District of California
- 2
In Lion Fisheries v. A1 Transmission, Judge Corley ordered Lion Fisheries to show diversity jurisdiction because its LLC members’ citizenship was missing.
Lion Fisheries, LLC must address the missing allegations about its owners’ or members’ citizenship by December 1, 2023, and may file an amended complaint properly alleging that citizenship.
What happened
Lion Fisheries, LLC sued A1 Transmission & Marine, Inc. and other defendants in federal court, claiming that the parties were citizens of different states and that more than $75,000 was at stake.
The court explained that an LLC’s citizenship depends on the citizenship of all its owners or members. Lion Fisheries identified itself as a Washington LLC but did not identify the citizenship of its members or owners, so the complaint did not adequately establish complete diversity.
Judge Corley ordered Lion Fisheries to show cause by December 1, 2023, why the court has subject-matter jurisdiction. The court also said Lion Fisheries may file an amended complaint properly alleging its citizenship.
The detailed version
- Lion Fisheries, LLC v. A1 Transmission & Marine, Inc. · No. 3:23-cv-05173
- Jacquelyn Corley
- Nov. 20, 2023
Background
Lion Fisheries, LLC filed a complaint against A1 Transmission & Marine, Inc., and other defendants. Lion Fisheries alleged that the court has diversity jurisdiction under 28 U.S.C. § 1332 because the parties are citizens of different states and the amount in controversy exceeds $75,000.
Jurisdictional issue
Diversity jurisdiction generally requires complete diversity, meaning that every defendant must be a citizen of a different state from every plaintiff. For jurisdictional purposes, a limited liability company is a citizen of every state in which its owners or members are citizens.
The complaint alleged that Lion Fisheries is a Washington limited liability company and that both defendants are California citizens. It did not allege the citizenship of Lion Fisheries’ owners or members. The court therefore concluded that the complaint did not adequately allege complete diversity of citizenship.
Ruling
The court ordered Lion Fisheries to show cause by December 1, 2023, why the court has subject-matter jurisdiction. The court stated that Lion Fisheries may submit an amended complaint that properly alleges its citizenship. The order addressed the court’s jurisdiction and did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.