Shinbachew v. Global Parking Systems, LLC ( 2021 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DANIEL SHINBACHEW, Case No. 21-cv-08440-JCS 8 Plaintiff, ORDER TO SHOW CAUSE WHY 9 v. CASE SHOULD NOT BE REMANDED TO STATE COURT 10 GLOBAL PARKING SYSTEMS, LLC, et al., 11 Defendants. 12 13 Defendants Global Parking Systems, LLC and SP Plus Corporation removed this case from 14 the Superior Court for the County of San Mateo, asserting diversity jurisdiction under 28 U.S.C. 15 § 1332(a). According to Defendants, Plaintiff Daniel Shinbachew is a citizen of California, while 16 Global Parking Systems is a citizen of Louisiana (where it is incorporated and headquartered) and 17 SP Plus is a citizen of Delaware (where it is incorporated) and Illinois (where it is headquartered). 18 Defendants therefore assert that there is complete diversity of citizenship—i.e., no defendant is a 19 citizen of the same state as the plaintiff—as required for jurisdiction under § 1332. 20 Although Defendants assert that Global Parking Systems is “a corporation formed under 21 the laws of the State of Louisiana,” that entity’s name suggests that it is a limited liability 22 company (“LLC”) rather than a corporation. Under Ninth Circuit precedent, “an LLC is a citizen 23 of every state which its owners/members are citizens;” its citizenship is not based on the state of 24 its incorporation and the state of its headquarters as for a corporation. Johnson v. Columbia 25 Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Since the notice of removal does not 26 address the citizenship of Global Parking System’s members, it is not clear that jurisdiction is 27 proper under § 1332. 1 remanded to state court by filing no later than December 22, 2021 either: (1) a declaration 2 || addressing the citizenship of each of Global Parking Systems’ members; or (2) in the seemingly 3 unlikely event that, despite its name, Global Parking Systems is in fact a corporation rather than an 4 LLC, a declaration to that effect. 5 IT IS SO ORDERED. 6 || Dated: December 8, 2021 , J PH C. SPERO 8 ief Magistrate Judge 9 10 11 12 15 16 17 Z 18 19 20 21 22 23 24 25 26 27 28