Cluster 9472057

“Section 1332(a)(2) vests federal district courts with subject matter 5 jurisdiction over suits involving ‘citizens of a State and citizens or subjects of a foreign 6 state,’ 28 U.S.C. § 1332 (a)(2), but not over suits in which ‘aliens [are] on both sides of the 7 case[.]’” Voltage Pictures, LLC v. Gussi S.A. de C.V., 92 F.4th 815, 822 (9th Cir. 2024) 8 (citing Grupo Dataflux v. Atlas Glob.

No. 19 at 6 n.1 (citing Voltage Pictures, LLC v. Gussi, S.A. de C.V., 92 F.4th 815, 828 (9th Cir.), cert. denied, 145 S. Ct. 158 (2024)).) As that opinion explains, in 1983, Congress amended Rule 4 to allow service of summons by non-party adults in most cases, the principal purpose of which was to “tak[e] the marshals out of summons service almost entirely.” Voltage, 92 F.4th at 827 (quoting Changes in Federal Summons Service Under Amended Rule 4 of the Federal Rules of Civi…

Voltage Pictures, LLC v. Gussi, S.A. de C.V., 92 F.4th 815, 822 (9th Cir. 2024) (“A limited liability company is a citizen of every state of which its owners/members are citizens, not the state in which it was formed or does business.” (quoting NewGen, LLC v. Safe Cig, LLC, 840 F.3d 606, 612 (9th Cir. 2016))), cert. denied, 145 S. Ct. 158 (2024).

Here, there appear to be “aliens on both sides of the litigation,” (Voltage Pictures, 92 F.4th at 822) and, hence, diversity jurisdiction may not actually be present.

“A limited liability company is a citizen of every state of which its owners/members are citizens, not the state in which it was formed or does business.” Voltage 25 Pictures, LLC v. Gussi, S.A. de C.V., 92 F.4th 815, 822 (9th Cir. 2024) (internal quotation marks and citation omitted).

Voltage Pictures, LLC v. Gussi, S.A. de C.V., 92 F.4th 815, 822 (9th Cir.), cert. denied, 13 145 S. Ct. 158 (2024).

A plaintiff moving to remand “on the basis of any defect other than lack of 5 subject matter jurisdiction must be made within 30 days after the filing of the notice of 6 removal . . .” 28 U.S.C. § 1447 (c). 7 Under 28 U.S.C. § 1332 (a), a district court has original jurisdiction over a civil 8 action where (1) the amount in controversy exceeds the sum or value of $75,000, 9 exclusive of interest and costs, and (2) the dispute is between “citizens of different 10 States.” “‘A…

Lendlease (US) Public Partnership Holdings LLC is an LLC whose sole member is Lendlease Americas Inc. Lendlease Americas Inc. is a Delaware corporation with its principal place of business in New York, making it a citizen of Delaware and New York. c. [Amuro and Brantley] are not citizens of Delaware or New York. [Petition at ¶¶ 13.a-c.] Because Hickam Communities and Island Palm are LLCs, for purposes of diversity jurisdiction, each “is a citizen of every state of which its …

App. P. 34(a)(2). 1 Although on the current record we “do not have enough information to determine whether the district court had § 1332(a) diversity jurisdiction,” Voltage Pictures, LLC v. Gussi, S.A. de C.V., 92 F.4th 815, 823 (9th Cir. 2024), petition for cert. filed, No. 23-1261 (U.S. May 3, 2024), the district court properly exercised supplemental jurisdiction under 28 U.S.C. § 1367 (a), see Kelly v. Wengler, 822 F.3d 1085, 1094 (9th Cir. 2016) (explaining that courts h…

Because Hickam Communities is an LLC, for purposes of diversity jurisdiction, it “is a citizen of every state of which its owners/members are citizens, not the state in which it was formed or does business.” See Voltage Pictures, LLC v. Gussi, S.A. de C.V., 92 F.4th 815, 822 (9th Cir. 2024) (citation and quotation marks omitted).

Diversity Jurisdiction A. Diversity of Citizenship Because Island Palm is an LLC, for purposes of diversity jurisdiction, it “is a citizen of every state of which its owners/members are citizens, not the state in which it was formed or does business.” See Voltage Pictures, LLC v. Gussi, S.A. de C.V., 92 F.4th 815, 822 (9th Cir. 2024) (citation and quotation marks omitted).

PERSONAL JURISDICTION 14 “Whereas subject matter jurisdiction refers to a court’s power to hear a certain type of case, 15 . . . personal jurisdiction refers to a court’s power over a particular defendant.” Voltage Pictures, 16 LLC v. Gussi, S.A. de C.V., 92 F.4th 815, 824 (9th Cir. 2024) (citations omitted).

See Voltage Pictures, LLC 17 v. Gussi, S.A. de C.V., 92 F.4th 815 (9th Cir.).

See Voltage, 92 F.4th at 14 822. 15 Where an LLC’s members are themselves LLCs, the party must provide information 16 about the citizenship of those LLCs as well, which is similarly determined by establishing the 17 citizenship of each member.

The FAA requires that notice of an application “shall be served upon the adverse party, and thereupon the court shall have jurisdiction of such party as though he had appeared generally in the proceeding.” 9 U.S.C. § 9 ; see generally Voltage Pictures, LLC v. Gussi, S.A. de C.V., 92 F.4th 815, 824 (9th Cir. 2024) (examining sufficiency of service, under federal procedural law, to determine court’s personal jurisdiction over respondent in action to confirm international arbit…

See ECF No. 15-4.1 2 However, “[a] limited liability company is a citizen of every state of which its owners/members 3 are citizens, not the state in which it was formed or does business.” Voltage Pictures, LLC v. 4 Gussi, S.A. de C.V., 92 F.4th 815, 822 (9th Cir. 2024) (quoting NewGen, LLC v. Safe Cig, LLC, 5 840 F.3d 606, 612 (9th Cir. 2016)) (noting that a record indicating only that a limited liability 6 corporation’s principal place of business is insufficient to determ…

Mich. Feb. 3, 2009) (Edmunds, J.) (“Section 9, however, does not provide an independent basis for subject matter jurisdiction and, absent another source of jurisdiction, the parties must establish diversity under 28 U.S.C.A. § 1332 (a).”); see also Voltage Pictures, LLC v. Gussi, S.A. de C.V., 92 F.4th 815, 822 (9th Cir. 2024) (recognizing that “[t]he provisions of 9 U.S.C. § 9” do not in and of themselves confer subject matter jurisdiction on a federal court) (citation modi…

Haw. 1991); see also Voltage Pictures, LLC v. Gussi, S.A. de C.V., 92 F.4th 815, 822 (9th Cir. 2024).