Opinion

Solomon v. Google LLC

Court
District Court, N.D. California
Filed
May 3, 2021
Cited by
0 cases
Authority
More cited than 18.7%

The opinion

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7 UNITED STATES DISTRICT COURT

8 NORTHERN DISTRICT OF CALIFORNIA

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10 JUDY SOLOMON,

Case No. 21-cv-03227-NC

11 Plaintiff,

ORDER TO SHOW CAUSE WHY

12 v. CASE SHOULD NOT BE

DISMISSED

13 GOOGLE LLC,

14 Defendant.

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Plaintiff Judy Solomon filed a complaint against Defendant Google LLC on April

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30, 2021. ECF 1. In her complaint, Solomon alleges that the Court has subject matter

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jurisdiction based on diversity jurisdiction, under 28 U.S.C. § 1332(d)(2). Id. at ¶ 24.

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However, in reaching this conclusion, Solomon incorrectly applied the corporation

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citizenship test to Google, a limited liability company. Id. at ¶ 23. LLCs are treated like

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partnerships for the purposes of diversity jurisdiction. See Johnson v. Columbia Props.

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Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). As such, Solomon should have listed

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the citizenship of all of Google’s members, and then evaluated diversity. See 15A Moore’s

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Federal Practice - Civil § 102.57 (2020).

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Accordingly, the Court ORDERS Solomon to show cause in writing why this case

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should not be dismissed by May 17, 2021. Google’s response is due May 24, 2021.

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//

1 IT IS SO ORDERED.

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3 || Dated: May 3, 2021 h-—eo——— _

NATHANAEL M. COUSINS

4 United States Magistrate Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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