Case 4:16-cv-00482-RGE-CFB Document 22 Filed 09/21/16 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF IOWA
CENTRAL DIVISION
DAKOTA ACCESS, LLC,
Plaintiff,
v.
IOWA CITIZENS FOR COMMUNITY
IMPROVEMENT;
ADAM MASON, Individually and in
His Official Capacity as State Policy
Director for Defendant IOWA
CITIZENS FOR COMMUNITY
IMPROVEMENT;
BOLD IOWA;
ED FALLON, Individually and in His
Official Capacity as Director of
Defendant BOLD IOWA; and
UNKNOWN PARTIES,
Defendants.

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No. 16-cv-0482

PLAINTIFF DAKOTA
ACCESS, LLCS NOTICE OF
DISMISSAL

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A), Plaintiff Dakota

Access, LLC (Dakota Access) hereby provides this notice of dismissal of the case in
its entirety.
1. Dakota Access filed this suit on August 29, 2016, based on diversity of
citizenship pursuant to 28 U.S.C. 1332. (Dkt. 1.)
2. While there is no binding precedent in this circuit or prior ruling from this
Court addressing citizenship of a publicly held master limited partnership for
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Case 4:16-cv-00482-RGE-CFB Document 22 Filed 09/21/16 Page 2 of 3

purposes of establishing diversity jurisdiction, several courts have concluded

that diversity depends on the citizenship of the master limited partnerships
unitholders, even though the publicly traded units are owned by literally
hundreds of thousands of individuals or entities, which changes daily as units
are traded. See, e.g., Grynberg v. Kinder Morgan Energy Partners, L.P., 805 F.3d
901, 905-08 & n.4 (10th Cir. 2015) (dismissing for lack of diversity jurisdiction
and identifying eight district courts that have held similarly), cert. denied, 136
S. Ct. 1714 (2016).
3. Plaintiffs ownership structure includes a publicly traded master limited
partnership, and Plaintiff is unwilling to identify the citizenship of each of its
unitholders, which number in the hundreds of thousands.
4. Plaintiff is therefore unable to establish diversity jurisdiction, assuming the
validity of the non-precedential caselaw cited above.
WHEREFORE, Dakota Access hereby dismisses this case without prejudice
pursuant to Federal Rule of Civil Procedure 41(a)(1)(A).
/s/ Samuel E. Jones
CONNIE ALT
AT0000497
SAMUEL E. JONES
AT0009821
DANA OXLEY
AT0005917
DESIRE KILBURG
AT0010265
KRISTYMARIE SHIPLEY AT0012789
for
SHUTTLEWORTH & INGERSOLL, P.L.C.
500 US Bank Bldg., P.O. Box 2107
Cedar Rapids, IA 52406
PHONE:
(319) 365-9461
FAX:
(319) 365-8443
E-mail: sej@shuttleworthlaw.com
ATTORNEYS FOR PLAINTIFFS
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Case 4:16-cv-00482-RGE-CFB Document 22 Filed 09/21/16 Page 3 of 3

Copy to:

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of
this document was served upon counsel of record
for each party to the action in compliance with
FRCP 5 on September 21, 2016 by:

Jaki K. Samuelson
Danya Keller
Thomas Foley
Whitfield & Eddy, PLC
699 Walnut Street, Suite 2000
Des Moines, IA 50309
samuelson@whitfieldlaw.com
keller@whitfieldlaw.com
foley@whitfieldlaw.com

[x] Electronically via ECF for ECF registrants

[ ] U.S. Mail ________________
[ ] Fax _____________________
[ ] Fed Ex __________________
[ ] Hand Delivered ____________
[ ] other ____________________
/s/

ATTORNEYS FOR DEFENDANTS

IOWA CITIZENS FOR COMMUNITY
IMPROVEMENT, ADAM MASON
ED FALLON and BOLD IOWA

Paula Pohlpeter