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    Williams Broadcasting 14

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    Ethan Gates
    The court denied the plaintiff's application for a temporary restraining order and dismissed the complaint for lack of subject matter jurisdiction. The plaintiff, an LLC, did not establish diversity jurisdiction by failing to allege the citizenship of each of its members. The court granted the plaintiff 10 days to file an amended complaint with proper jurisdictional allegations.

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    Williams Broadcasting 14

    Uploaded by

    Ethan Gates
    145 views3 pages
    The court denied the plaintiff's application for a temporary restraining order and dismissed the complaint for lack of subject matter jurisdiction. The plaintiff, an LLC, did not establish diversity jurisdiction by failing to allege the citizenship of each of its members. The court granted the plaintiff 10 days to file an amended complaint with proper jurisdictional allegations.

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    Court document 14

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    The court denied the plaintiff's application for a temporary restraining order and dismissed the complaint for lack of subject matter jurisdiction. The plaintiff, an LLC, did not establish diversity jurisdiction by failing to allege the citizenship of each of its members. The court granted the plaintiff 10 days to file an amended complaint with proper jurisdictional allegations.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    145 views3 pages

    Williams Broadcasting 14

    Uploaded by

    Ethan Gates
    The court denied the plaintiff's application for a temporary restraining order and dismissed the complaint for lack of subject matter jurisdiction. The plaintiff, an LLC, did not establish diversity jurisdiction by failing to allege the citizenship of each of its members. The court granted the plaintiff 10 days to file an amended complaint with proper jurisdictional allegations.

    Copyright:

    © All Rights Reserved
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    of 3

    Case 2:14-cv-01523-GEB-AC Document 13 Filed 06/27/14 Page 1 of 3

    7 UNITED STATES DISTRICT COURT

    8 EASTERN DISTRICT OF CALIFORNIA

    9
    10 ENTERCOM CALIFORNIA LLC No. 2:14-cv-01523-GEB-AC
    (F/K/A ENTERCOM SACRAMENTO,
    11 LLC),
    ORDER DENYING APPLICATION FOR
    12 Plaintiff, TEMPORARY RESTRAINING ORDER AND
    DISMISSING COMPLAINT FOR LACK OF
    13 v. SUBJECT-MATTER JURSIDICTION
    14 WILLIAMS BROADCASTING
    INCORPORATED,
    15
    Defendant.
    16

    17

    18 Plaintiff moves ex parte for a temporary restraining

    19 order (TRO)

    20 preventing and enjoining Defendant from


    licensing, offering, selling, performing,
    21 broadcasting, or otherwise providing the
    right to broadcast the Rob, Arnie & Dawn
    22 Show or any other radio program involving
    its personalities in the terrestrial
    23 Sacramento area to any party other than
    Plaintiff or otherwise breaching Section 25
    24 of the 2005 Program Agreement between
    Plaintiff and Defendant.
    25

    26 (Pl.s Mot. for TRO 1:6-10, ECF No. 5.) However, Plaintiff has

    27 not shown there is federal subject-matter jurisdiction over this

    28 action.
    1
    Case 2:14-cv-01523-GEB-AC Document 13 Filed 06/27/14 Page 2 of 3

    1 [A] district court ha[s] a duty to establish subject

    2 matter jurisdiction . . . sua sponte, whether the parties raised

    3 the issue or not. United Investors Life Ins. Co. v. Waddell &

    4 Reed Inc., 360 F.3d 960, 967 (9th Cir. 2004); see also Fed. R.

    5 Civ. P. 12(h)(3) (If the court determines at any time that it

    6 lacks subject-matter jurisdiction, the court must dismiss the

    7 action.).

    8 Plaintiff alleges in the Complaint that diversity of

    9 citizenship subject-matter jurisdiction exists since [t]he


    10 amount in controversy exceeds the sum of $75,000, . . . and there
    11 is complete diversity of citizenship between the parties.
    12 (Compl. 4, ECF No. 1.) However, Plaintiff alleges it is a
    13 limited liability company (LLC) yet has not alleged the
    14 citizenship of each of its members. See Johnson v. Columbia
    15 Props. Anchorage, LP, 437 F.3d 894, 902 (9th Cir. 2006) (LLCs

    16 have the citizenship of all of their owners/members . . . .);

    17 see also Lindley Contours, LLC v. AABB Fitness Holdings, Inc.,

    18 414 F. App'x 62, 64 (9th Cir. 2011) (requiring a party to allege

    19 the citizenship of each member of an LLC, and stating that if


    20 any [LLC] ha[s] partnerships, limited partnerships, or limited

    21 liability corporations as members, the citizenship of each

    22 individual member of these entities must be alleged (and if these

    23 members include[] partnerships, limited partnerships, or limited

    24 liability corporations, the citizenship of each individual member

    25 of those entities must be allegedand so on)).

    26 Since Plaintiff has not established that there is

    27 subject-matter jurisdiction over this case, the case is dismissed

    28 without prejudice. Plaintiff is granted ten (10) days from the


    2
    Case 2:14-cv-01523-GEB-AC Document 13 Filed 06/27/14 Page 3 of 3

    1 date on which this order is filed to file an amended complaint

    2 addressing the jurisdictional allegations.

    3 Dated: June 27, 2014

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