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Carlson v. Charter Communications, LLC

United States District Court, D. Montana, Helena Division

January 25, 2017

LANCE CARLSON, Plaintiff,
v.
CHARTER COMMUNICATIONS, LLC, Defendant.

          ORDER

          SAM E. HADDON, United States District Judge

         On August 12, 2016, Plaintiff Lance Carlson commenced this action in the Montana First Judicial District Court, Lewis and Clark County.[1] The Complaint alleged, inter alia:

1. Plaintiff Lance Carlson is a resident of Lewis and Clark County, Helena, Montana.
2. Defendant Charter Communications, LLC (Charter) is a Delaware corporation doing business in Lewis and Clark County, Montana.[2]

         Defendant Charter Communications, LLC filed a Notice of Removal on September 13, 2016, claiming federal jurisdiction under "28 U.S.C. § 1332 on the basis of diversity of citizenship and amount in controversy."[3]

         The Notice of Removal claimed diversity jurisdiction grounded upon:

6. Carlson is a resident of Lewis and Clark County, Helena, Montana. (Compl. ¶ 1.) As such, Carlson is a Montana citizen.
7. Charter is a limited liability company with all of its membership interest owned by Charter Communications Operating, LLC. See Disclosure Statement filed simultaneously with this Notice. Charter Communications Operating, LLC in turn is a limited liability company with all of its membership interest owned by Charter Communications, Inc. Id. Charter Communications, Inc. is a Delaware corporation with is [sic] principal place of business in Stamford, Connecticut. Id. Charter is therefore a citizen of Delaware and Connecticut. See Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) ("[A]n LLC is a citizen of every state of which its owners/members are citizens.").[4]

         On September 29, 2016, Plaintiff filed in this Court Plaintiffs First Amended Complaint and Jury Demand[5] asserting, inter alia:

1. Plaintiff Lance Carlson is a resident of Lewis and Clark County, Helena, Montana.
2. Defendant Charter Communications, LLC (Charter) is a Delaware corporation doing business in Lewis and Clark County, Montana.
3. Venue and jurisdiction is proper in this Court based on removal by Charter.[6]

         On December 9, 2016, Plaintiff filed in this Court Plaintiffs Second Amended Complaint and Jury Demand[7] again asserting, inter alia:

1. Plaintiff Lance Carlson is a resident of Lewis and Clark County, Helena, Montana.
2. Defendant Charter Communications, LLC (Charter) is a Delaware corporation doing business in Lewis and ...

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