Shelby Personnel Services Unlimited, Inc. v. SFI Holdings, Inc.
1:12-cv-00155
W.D.N.C.Jan 23, 2013Background
- Plaintiff Shelby Personnel Services Unlimited, Inc. filed suit in the Western District of North Carolina on June 19, 2012 asserting state-law claims and alleging diversity jurisdiction.
- Defendants are five LLCs: SFI Holdings, LLC; RSW Distributors, LLC; Agraglobal Foods, LLC; Willowbrook Foods I, LLC; and 212 Nuway Packing, LLC, all alleged as Ohio LLCs with ownership not disclosed.
- Plaintiff asserts the LLCs are controlled by Willowbrook and that ownership lines may cross entities, but constituent members remain unidentified.
- Constituent membership for Agraglobal and each defendant is not disclosed, preventing determination of citizenship of all parties.
- The Court recognizes the duty to determine subject matter jurisdiction sua sponte and cites controlling authority requiring disclosure of all constituent members for diversity analysis.
- The Court orders Plaintiff, within fifteen days, to disclose the names and citizenships of all constituent members and, for LLCs/partnerships, their own members to establish complete diversity as of the filing date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has subject-matter jurisdiction based on diversity | Plaintiff asserts complete diversity exists among diverse Ohio entities and Plaintiff. | Defendants' citizenship is not disclosed, blocking complete diversity. | Lack of disclosed membership prevents complete diversity; disclosure required. |
Key Cases Cited
- Interstate Petroleum Corp. v. Morgan, 249 F.3d 215 (4th Cir. 2001) (court must determine subject-matter jurisdiction sua sponte when necessary)
- Plyer v. Moore, 129 F.3d 728 (4th Cir. 1997) (affirms sua sponte jurisdiction inquiry)
- Grupo Dataflux v. Atlas Global Group, L.P., 541 U.S. 567 (2004) (owner's citizenship information required for diversity)
- Carden v. Arkoma Associates, 494 U.S. 185 (1990) (LLCs are citizens of all states of their constituent members)
