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4 Smith v. McCullough, 270 U.S. 456, 459, 46 S.Ct. 338, 339 (1926); accord, Rilling
5 v. Burlington Northern Railroad Co., 909 F.2d 399, 400 (9th Cir. 1990). EFTEC
6 has not met its jurisdictional pleading burden because the Notice of Removal fails
7 to affirmatively set forth the facts necessary for the Court to determine its
8 citizenship.
9 The Notice of Removal fails to properly allege the citizenship of EFTEC
10 inasmuch as it merely states that EFTEC "is a Michigan limited liability company
11 with its principal place of business in Taylor, Michigan." This allegation is
12 insufficient as a matter of law because a limited liability company is not treated as a
13 corporation for purposes of determining whether diversity exists for purposes of § 1332.
14 Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006)
15 ("Notwithstanding LLCs' corporate traits, ... every circuit that has addressed the
16 question treats them like partnerships for the purposes of diversity jurisdiction. ... We
17 therefore join our sister circuits and hold that, like a partnership, an LLC is a citizen of
18 every state of which its owners/members are citizens.") What is thus required in the
21 In order to cure this pleading deficiency, the Court will require EFTEC to file an
22 amended notice of removal that properly alleges the factual bases for diversity
23 jurisdiction. EFTEC is advised that its failure to timely comply with this order shall result
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2 Therefore,
4 amended notice of removal properly stating a jurisdictional basis for this action no later
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