United States District Court, Eastern District of Missouri, Eastern Division
MEMORANDUM AND ORDER
CHARLES A. SHAW UNITED STATES DISTRICT JUDGE
This removed diversity matter is before the Court on review of the file. For the following reasons, the Court concludes that it lacks subject matter jurisdiction over this matter and will remand it to the state court from which it was removed.
Plaintiff Donna Lehmann filed suit in the Circuit Court of St. Louis County, State of Missouri. The Petition alleges a state law claim for personal injury arising from a slip and fall on defendant Davidson Hotel Company, LLC’s hotel premises. Defendant removed the action to this Court pursuant to 28 U.S.C. §§ 1332 and 1441.
On February 19, 2015, the Court issued a Memorandum and Order which stated that the Petition and Notice of Removal did not adequately establish (1) the citizenship of each member of the defendant limited liability company, and (2) that an amount in excess of $75, 000 was at issue, and ordered defendant to file an amended Notice of Removal. In response, defendant filed an Amended Notice of Removal and then a Second Amended Notice of Removal.
II. Legal Standard
In removal cases, the district court reviews the complaint or petition pending at the time of removal to determine the court’s jurisdiction. St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283 (1938). The district court may also look to the notice of removal to determine its jurisdiction. 28 U.S.C. § 1446(c)(2)(A)(ii); Ratermann v. Cellco P’ship, 2009 WL 1139232, at *3 (E.D. Mo. Apr. 28, 2009). The removing defendant, as the party invoking jurisdiction, bears the burden of proving that all prerequisites to jurisdiction are satisfied. Central Iowa Power Co-op. v. Midwest Indep. Transmission Sys. Operator, Inc., 561 F.3d 904, 912 (8th Cir. 2009). Removal statutes are strictly construed, and any doubts about the propriety of removal and the existence of federal jurisdiction are to be resolved in favor of remand. Dahl v. R.J. Reynolds Tobacco Co., 478 F.3d 965, 968 (8th Cir. 2007).
To establish diversity of citizenship, there must be allegations of each party’s place of citizenship, including allegations of any corporate party’s state of incorporation and principal place of business. 28 U.S.C. §§ 1332(a), (c)(1); see Sanders v. Clemco Indus., 823 F.2d 214, 215 n.1 (8th Cir. 1987). For a limited liability company such as the defendant in this case, however, the states of its incorporation and principal place of business are irrelevant. Federal courts must examine the citizenship of each member of the limited liability company to determine whether complete diversity of citizenship exists. GMAC Commercial Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004) (“GMAC”). In a removed case, diversity must exist both when the state petition is filed and when the petition for removal is filed. Ryan v. Schneider Nat’l Carriers, Inc., 263 F.3d 816, 819 (8th Cir. 2001) (citing 28 U.S.C. § 1447(e)).
The Petition alleges that plaintiff is a citizen and resident of the State of Missouri, and that defendant is a “company duly organized [and] existing under the laws of the State of Missouri.” Petition at 1, ¶¶ 1-2. Defendant alleged in its Notice of Removal that it is a limited liability company organized under the laws of Delaware with its principal place of business in Georgia.
Notice of Removal at 2. In response to the Order Concerning Removal, defendant’s Second Amended Notice of Removal states the following concerning its members:
Defendant Davison [sic] Hotel Company LLC is a Delaware limited liability company with its principal place of business in Atlanta, Georgia. None of Defendant’s members, officers or directors are residents of Missouri. Specifically, DHH Holdings LLC is the sole member of Davidson Hotel Company LLC with no members, officers or directors being residents of Missouri. DHH Holdings LLC is a Delaware limited liability company with its principal place of business in Atlanta, Georgia. DHH Holdings LLC is a holding company and has no members. The above statements are true both at the time of filing and at the time of removal. See also Defendant’s Corporate Interest Disclosure Statement previously filed with the Court.
Second Amended Notice of Removal at 2 (Doc. 13).
Here, defendant asserts that its sole member is a Delaware limited liability company, DHH Holdings LLC, that has no members, and therefore complete diversity of citizenship exists. The Court has found only one other case that addresses a similar situation. In ConnectU LLC v. Zuckerberg, 482 F.Supp.2d 3 (D. Mass. 2007), rev’d on other grounds, 522 F.3d 82 (1st Cir. 2008), the district court analyzed the status of a shelf registration LLC for purposes of federal diversity jurisdiction. The plaintiff Delaware LLC was formed with no members and no agreement about how it would be run and members were admitted retroactively to the date of formation pursuant to a later operating agreement, as permitted by the Delaware statute. After an extensive discussion of Delaware law that governed the LLC’s status, and having found that the LLC ...