Desh Vegas, LLC v. AKR Events, Inc. ( 2023 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 DESH VEGAS, LLC, et al., Case No. 2:23-cv-01809-RFB-NJK 8 Plaintiff(s), Order 9 v. 10 AKR EVENTS INC., et al., 11 Defendant(s). 12 Pending before the Court is an order for Plaintiffs to show cause why the case should not 13 be dismissed for lack of subject matter jurisdiction. Docket No. 11. In particular, Plaintiffs filed 14 a complaint alleging that Defendants are citizens of California for diversity purposes, Docket No. 15 1 at ¶ 9, and filed a certificate of interested parties that they are also citizens of California for 16 diversity jurisdiction purposes. See Docket No. 10; see also Johnson v. Columbia Props. 17 Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (“an LLC is a citizen of every state of which its 18 owners/members are citizens”). 19 Plaintiffs responded to the order to show cause by amending to the complaint to now allege, 20 on information and belief, that Defendants are foreign nationals who are citizens of India. See 21 Docket No. 12 at ¶¶ 6-8; see also Docket No. 13.1 Such an about face in the span of a few weeks 22 certainly raises concern. Cf. Fed. R. Civ. P. 11. Moreover, the most recent representations are not 23 sufficiently detailed to establish that diversity jurisdiction exists here. See 28 U.S.C. § 1332(a)(2) 24 (providing diversity exception for “citizens of a State and citizens or subjects of a foreign state 25 who are lawfully admitted for permanent residence in the United States and are domiciled in the 26 27 1 The response to the order to show cause explains in conclusory fashion that there was somehow confusion between party citizenship for diversity jurisdiction and choice of law. Docket 28 No. 13 at 1. 1} same State”). At this stage, however, the Court finds that further action regarding diversity is not 2|| warranted, though it may be revisited once Defendants have appeared. Cf Carolina Cas. Ins. Co. 3] v. Team Equip., Inc., 741 F.3d 1082, 1087-88 (9th Cir. 2014). 4 Accordingly, the order to show cause is DISCHARGED, subject to the Court potentially 5] revisiting the issue in the future. 6 IT IS SO ORDERED. 7 Dated: December 8, 2023 Nancy J..Koppe 9 United States Magistrate Judge 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28