United States District Court, D. Colorado
HECTOR PINEDO, RENE PINEDO, and AAG AUTO HAIL REPAIR, LLC, an Arizona limited liability corporation, Plaintiffs,
SANGRE DE CRISTO COMMUNICATIONS, a South Carolina limited liability corporation doing business as KOAA-TV and KOAA News5, SCRIPPS MEDIA, INC., an Ohio corporation, NBCUNIVERSAL MEDIA, LLC, a New York limited liability corporation, COMCAST CORPORATION, a Pennsylvania corporation, SERVICE KING COLLISION REPAIR, a Texas corporation, and VERNON JONES, Defendants.
ORDER OF DISMISSAL WITHOUT PREJUDICE
CHRISTINE M. ARGUELLO UNITED STATES DISTRICT JUDGE
matter is before the Court upon review of the docket and
Plaintiffs Hector Peneda, Rene Peneda, and AAG Auto Hail
Repair, LLC's (together, “Plaintiffs”)
Response (Doc. # 13) to Magistrate Judge Kathleen M.
Tafoya's Order to Show Cause (Doc. # 11). Because the
Court does not have subject-matter jurisdiction over this
action, it dismisses the action in its entirely without
Court has “an independent obligation to address [its]
own subject-matter jurisdiction and can dismiss actions
sua sponte for a lack of subject-matter
jurisdiction.” City of Albuquerque v. Soto Enter.,
Inc., 864 F.3d 1089, 1093 (10th Cir. 2017). Relevant
here, the Court “must rigorously enforce Congress'
intent to restrict federal jurisdiction in controversies
between citizens of different states.” Miera v.
Dairyland Ins. Co., 143 F.3d 1337, 1339 (10th Cir.
1998). Plaintiffs, the parties invoking the Court's
jurisdiction, bear the burden of proof to establish the
Court's jurisdiction. See Penteco Corp. Ltd.
P'ship-1085A v. Union Gas Sys., Inc., 929 F.2d 1519,
1521 (10th Cir. 1992).
Plaintiffs initiated this litigation on July 8, 2019, they
invoked the Court's diversity jurisdiction pursuant to 28
U.S.C. 1332(a), asserting that “[t]here exists complete
diversity of citizenship between Plaintiffs and . . .
Defendants.” (Doc. # 2 at 2.) Multiple Defendants are
limited liability corporations (“LLCs”).
See (id.) With respect to the LLC
Defendants, Plaintiffs alleged:
3. Sangre de Cristo Communications is a South Carolina
Limited Liability Corporation.
. . .
5. KOAA, is licensed through Scripps Broadcasting Company
Holdings, LLC, a subsidiary of Scripps Media, Inc., an Ohio
6. NBCUniversal Media, LLC is a New York Limited Liability
7. NBCUniversal Medial, LLC is an American world-wide mass
media conglomerate that operates the television network
National Broadcasting Channel (hereinafter
. . .
9. NBCUniversal Media, LLC is a subsidiary of the Comcast
Corporation, a Pennsylvania Corporation.
Tenth Circuit, as in every other circuit that has considered
the question, “an LLC, as an unincorporated
association, takes the citizenship of all its members.”
Siloam Springs Hotel, L.L.C. v. Century Sur. Co.,
781 F.3d 1233, 1234 (10th Cir. 2015) (citing Zambelli
Fireworks Mfg. Co. v. Wood, 592 F.3d 412, 419-20 (3d
Cir. 2010) (collecting cases)). Plaintiffs did not identify
the citizenship of the LLC Defendants' underlying members
in their Complaint. See (Doc. # 2 at 2.) The
Complaint was therefore insufficient to establish that
complete diversity exists between Plaintiffs and Defendants.
Recognizing this, Magistrate Judge Tafoya issued an Order to
Show Cause on July 10, 2019, directing Plaintiffs to show
cause “why this case should not be dismissed due to
this Court's lack of subject matter jurisdiction.”
(Doc. # 11.)
Response to the Order to Show Cause, filed July 11, 2019,
fails to establish the Court's subject-matter
jurisdiction. See (Doc. # 13.) The convoluted
Response does not clearly identify the members of the LLC
Defendants, let alone those members' domiciles, as the
Court requested. See (id.) For example,
Plaintiffs state that Defendant “Sangre de Cristo
Communications is a South Carolina [LLC], ” “is
registered as a Foreign [LLC] in Colorado, ” and was
“organized by a sole organizer, John P. Barnwell,
residing at 134 Columbus St., Charleston, SC 29403, ”
before “[i]t was converted to an LLC [on] June 25,
2014.” (Id. at 2.) These statements do not
inform the Court of whether there are other members of the
LLC (Defendant Sangre de Cristo Communications) and, if so,
where they are domiciled. The Court also has ...