BELV Holdings LLC v. KSI Manage II LLC et al
| BELV Holdings LLC |
| KSI Manage II LLC and Kevin M Sheehan |
| 2:2023cv00736 |
| October 16, 2023 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Cecilia M Romero |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
Docket Report
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| Filing 10 AMENDED COMPLAINT FIRST against KSI Manage II LLC, Kevin M Sheehan. filed by BELV Holdings LLC. (Attachments: #1 Exhibit Ex A - Original Note, #2 Exhibit Ex B - Amended Note, #3 Exhibit Ex C - Personal Guarantee) (Jones, Paul) |
Filing 9
DOCKET TEXT ORDER. Although Plaintiff BELV Holdings, LLC invokes this court's diversity jurisdiction under 8 U.S.C. 1332(a)(1), it has failed adequately to allege the citizenship of any of the parties. Plaintiff alleges that it is "a Wyoming limited liability company whose principal place of business is Salt Lake County, State of Utah," Dkt. No. 1 para. 4, and that Defendant KSJ Manage II, LLC is "a Delaware limited liability corporation whose principal place of business is Florida," id. para. 5. But these facts are not relevant to these entities' citizenship. Rather, a limited liability company "takes the citizenship of all its members," which means it is a citizen of every state and foreign country of which any of its members is a citizen. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 123738 (10th Cir. 2015). In addition, Plaintiff alleges that Defendant Kevin Sheehan is "an individual residing in Florida." Dkt. No. 1 para. 6. It is well settled, however, that for individuals who are United States citizens, diversity jurisdiction turns on state citizenship, not mere residence; that state citizenship turns on domicile; and that domicile is not the same thing as residence. See, e.g., Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989); Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015); Smith v. Cummings, 445 F.3d 1254, 125960 (10th Cir. 2006); Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972). (For a non-U.S. citizen, the court instead looks to the actual country of citizenship.) No later than Friday, November 3, 2023, Plaintiff shall file an amended complaint: (1) listing each member of BELV Holdings, LLC and each member of KSJ Manage II, LLC, (2) properly identifying the citizenship of each member of each LLC, and (3) correctly alleging Mr. Sheehan's citizenship. If the amended complaint fails adequately to allege complete diversity between the Plaintiff and the Defendants, this action will be dismissed without prejudice for lack of subject matter jurisdiction. SO ORDERED. Signed by Judge Howard C. Nielson, Jr. on 10/20/2023. No attached document.(tpk)
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Filing 8
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 10/20/23. (dle)
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Filing 7
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 10/19/23. (dle)
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| Filing 6 Summons Issued Electronically as to Kevin M Sheehan. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec) |
| Filing 5 Summons Issued Electronically as to KSI Manage II LLC. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec) |
| Filing 4 Civil Cover Sheet (JS44) Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance, filed by BELV Holdings LLC. (Jones, Paul) |
| Filing 3 NOTICE OF DEFICIENCY re #1 Complaint. The Civil Cover Sheet is missing. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule DUCivR3-4. Counsel must file a completed Civil Cover Sheet JS44 immediately. (haa) |
| Filing 2 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff BELV Holdings LLC. Form due by 11/7/2023. (haa) |
| Judge Howard C. Nielson, Jr added. Case number will now read 2:23-cv-00736-HCN. Please make changes to document captions accordingly. (haa) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4842631) filed by BELV Holdings LLC. (Attachments: #1 Exhibit Ex A - Original Note, #2 Exhibit Ex B - Amended Note, #3 Exhibit Ex C - Personal Guarantee) (Jones, Paul) |
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