Opinion
CAUSE NO.: 2:18-CV-342-TLS-JEM
08-13-2019
ROQUE ARELLANO and MARIANNE SOLORIO, Plaintiffs, v. TUBE FABRICATION & COLOR, LLC and T AND B TUBE CO., INC., Defendants.
OPINION AND ORDER
This matter is before the Court on Plaintiffs' Second Supplemental Jurisdictional Statement as to Defendant Tube Fabrication & Color, LLC [ECF No. 38]. Defendant Tube Fabrication & Color, LLC has not responded to the Second Supplemental Jurisdictional Statement.
The Complaint alleges that the Court's original subject matter jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332. Compl. ¶ 4, ECF No. 1. Diversity jurisdiction exists when the parties to an action on each side are citizens of different states, with no defendant a citizen of the same state as any plaintiff, and the amount in controversy exceeds $75,000. See 28 U.S.C. § 1332(a)(1). As the parties seeking to invoke this Court's jurisdiction, the Plaintiffs bear the burden of demonstrating that the jurisdictional requirements have been met. Hertz Corp. v. Friend, 559 U.S. 77, 96 (2010); Smart v. Local 702 Int'l Bhd. of Elec. Workers, 562 F.3d 798, 802-03 (7th Cir. 2009).
In the Complaint, the Plaintiffs sufficiently alleged that they are citizens Illinois, that Defendant T and B Tube Co., Inc. is a citizen of Indiana, and that the amount in controversy exceeds $75,000.
However, the Plaintiffs did not properly allege the citizenship of Defendant Tube Fabrication & Color, LLC because the Plaintiffs did not identify the citizenship of Tube Fabrication & Color, LLC's members. See Belleville Catering Co. v. Champaign Mkt. Place, LLC, 350 F.3d 691, 692 (7th Cir. 2003) (recognizing that a limited liability company is analogous to a partnership and takes the citizenship of its members). As ordered by the Court [ECF No. 35], the Plaintiffs filed the instant Second Supplemental Jurisdictional Statement with supporting documents demonstrating that the sole member of Tube Fabrication & Color, LLC is Kenneth Tritt. See Pls.' Second Suppl. Statement ¶ 2, ECF No. 38. The Plaintiffs have alleged that Kenneth Tritt is a citizen of Wisconsin. See Pls.' Suppl. Jurisdictional Statement ¶ 5, ECF No. 23. Thus, Defendant Tube Fabrication & Color, LLC is a citizen of Wisconsin, and the Plaintiffs have met their burden of showing that the Court has subject matter jurisdiction under 28 U.S.C. § 1332.
Accordingly, the Court ORDERS that the deadline for the Plaintiffs to file a response to the pending Motion to Dismiss [ECF No. 16] is August 30, 2019, and the deadline for Defendant Tube Fabrication & Color, LLC to file a reply in support of the Motion to Dismiss is September 13, 2019.
SO ORDERED on August 13, 2019.
s/ Theresa L. Springmann
CHIEF JUDGE THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT