United States District Court, D. Montana, Butte Division
Haddon, United States District Court Judge.
case filed on May 31, 2019, asserts diversity jurisdiction
under 28 U.S.C. § 1332(a).
district courts have original diversity jurisdiction under 28
U.S.C. § 1332(a)(3) for civil actions between
"citizens of different States [with] citizens or
subjects of a foreign state [as] additional parties" if
the amount in controversy exceeds §75, 000, exclusive of
interest and costs. Each defendant must be a citizen of a
state different from each plaintiff.
defendants are named. Two are limited liability companies
("LLC"): Voyager Construction, LLC
("VCL") and Voyager Properties, LLC
LLC is a citizen of every state of which its owners/members
are citizens." "[A] party seeking to establish
diversity jurisdiction in a case in which [an LLC] is a party
must list the citizenships of all members
of the company, and if any of those members have members,
[the members'] citizenships must be listed as
complaint asserts that VCL's and VPL's "members
are citizens of either Montana or Pennsylvania, but not
Arizona," without specifically listing the citizenship
of each member. Absent specific allegations of the
citizenships of all members of each LLC, diversity
jurisdiction is not well-pleaded.
unidentified "John Does 1-10" are also designated
as defendants.Inclusion of such unidentified
"Doe" defendants "destroys [diversity]
jurisdiction" in an original federal action.
complaint further asserts the Court has jurisdiction
"alternatively" under the "Declaratory
Judgment Act, 28 U.S.C. Section 2201(a)."
'"[T]he Declaratory Judgment Act does not itself
confer federal subject matter jurisdiction but merely
provides an additional remedy in cases where jurisdiction is
otherwise established."' Subject matter
jurisdiction is not established by the declaratory judgment
Fed.R.Civ.P. 12(h)(3), "[i]f the court determines at any
time that it lacks subject-matter jurisdiction, the court
must dismiss the action." Leave to amend nevertheless
will be given.
case will be dismissed on June 18, 2019, unless the complaint
is amended to properly plead jurisdiction.
See Doc. 1 at 4.