United States District Court, M.D. Louisiana
RULING AND ORDER OF DISMISSAL
D. DICK, DISTRICT JUDGE MIDDLE DISTRICT OF LOUISIANA.
matter is before the Court sua sponte.
April 4, 2017, Crown Financial LLC ("Plaintiff")
commenced this action against Wildcat Drilling, LLC and
Warhorse Oil & Gas, LLC, alleging that the Court has
diversity jurisdiction over the action under 28 U.S.C. §
1332. Plaintiff asserted that it is a citizen of
Louisiana, and the defendants are citizens of Texas, without
identifying the members of each of those limited liability
April 25, 2017, the Court issued a sua sponte order
pursuant to 28 U.S.C. § 1653, requiring Plaintiff to
file, on or before May 10, 2017, an amended complaint
identifying all of the parties' members for the purpose
of establishing that there is in fact complete diversity
between the parties. On May 5, 2017, the Clerk of Court entered
a default as to the two defendants. On May 31, 2017, Plaintiff
moved for default judgment.
September 27, 2017, the Court ordered Plaintiff to comply
with the April 25, 2017 order by filing an amended complaint
on or before October 6, 2017. On October 6, 2017, Plaintiff
sought a 20-day extension of the deadline to file the amended
complaint. The Court granted the motion, effectively
establishing a new deadline of October 26, 2017 to file the
required amended complaint. Plaintiff did not file an amended
complaint by the deadline.
jurisdiction depends on citizenship, the citizenship of each
party must be "distinctly and affirmatively"
alleged in accordance with § 1332(a) and
"Failure adequately to allege the basis for diversity
jurisdiction mandates dismissal."
burden of proving that complete diversity exists rests upon
the party who seeks to invoke the court's diversity
jurisdiction." The citizenship of a limited liability
company is determined by the citizenship of each of its
members, not the state under whose laws it is organized, the
location of its principal place of business, or its
authorization to do business in a certain
state. When members are themselves limited
liability companies, the citizenship must be traced through
however many layers of members there may be.
the Court's orders, Plaintiff has not filed an amended
complaint providing the citizenship of each member of the
parties, each of which is a limited liability company.
Accordingly, Plaintiff has not established that the Court has
diversity jurisdiction pursuant to28U.S.C. §1332.
on the foregoing, Plaintiffs Complaint is DISMISSED
without prejudice for failure to establish subject
IS SO ORDERED.
 Rec. Doc. No. 1.
 Rec. Doc. No. 10.