McKay et al v. Hageseth et al Doc.

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Case 3:06-cv-01377-MMC Document 3 Filed 03/01/2006 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT
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9 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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11 DAVID McKAY et al., No. C-06-1377 MMC
United States District Court

Plaintiffs, ORDER DISMISSING ACTION FOR

For the Northern District of California

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FAILURE TO ADEQUATELY ALLEGE
13 v. SUBJECT MATTER JURISDICTION
14 CHRISTIAN HAGESETH et al.,
15 Defendants.
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18 The instant action was filed February 24, 2006 on the basis of diversity jurisdiction.
19 (See Compl. ¶ 1.) Plaintiffs fail, however, to allege the citizenship, as opposed to the
20 residence, of any of the defendants. See Kanter v. Warner-Lambert Co., 265 F.3d 853,
21 857 (9th Cir. 2001) (noting diversity jurisdiction statute “speaks of citizenship, not
22 residency”). Additionally, although one of the defendants, JRB Health Solutions, LLC,
23 appears to be a limited liability company, plaintiffs fail to allege the citizenship of that entity
24 in accordance with the Ninth Circuit’s recent holding that a limited liability company is “a
25 citizen of every state of which its owners/members are citizens.” See Johnson v. Columbia
26 Properties Anchorage L.P., 2006 WL 306765 (9th Cir. Feb. 10, 2006). “Absent unusual
27 circumstances, a party seeking to invoke diversity jurisdiction should be able to allege
28 affirmatively the actual citizenship of the relevant parties.” See Kanter, 265 F.3d at 857.

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 Case 3:06-cv-01377-MMC Document 3 Filed 03/01/2006 Page 2 of 2

1 Accordingly, the instant action is hereby DISMISSED without prejudice. Plaintiffs

2 may either (1) file an amended complaint, no later than March 17, 2006, addressing the
3 deficiencies noted, or (2) refile the action in state court.
4 IT IS SO ORDERED.
5 Dated: March 1, 2006 MAXINE M. CHESNEY
United States District Judge
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