United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER
STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE
MATTER is before the Court on its review of the Notice of
Removal of Action [Doc. 1], filed by Defendant Performance
Energy Services, LLC (“Performance”) on November
8, 2019, and on representation at the January 6, 2020
telephonic Status Conference by counsel for Defendants Oryx
Delaware Oil Gather NM, LLC and Oryx Delaware Oil Transport,
LLC (collectively, “Oryx”) that he has not yet
determined the citizenship of each and every member of the
Oryx entities. The Court has a duty to determine sua sponte
whether subject-matter jurisdiction exists. See Arbaugh
v. Y&H Corp., 546 U.S. 500, 514 (2006); Tuck v.
United Servs. Auto. Ass'n, 859 F.2d 842, 844 (10th
Cir. 1988). As discussed at the January 6, 2020 telephonic
Status Conference, no later than January 28,
2020, each Defendant must file a notice on the
record listing the citizenship of each and every one of its
November 8, 2019, Performance removed this case to federal
court, asserting complete diversity between the parties and
that the amount in controversy exceeds $75, 000. [Doc. 1] at
1-3. In support of its claim of diversity of citizenship,
Performance alleges that Plaintiff is a citizen of Texas.
Id. at 1. Performance further alleges that it
“is a citizen of . . . Colorado with its principal
place of business in Colorado.” Id. at 2. It
further alleges that the Oryx Defendants are citizens of
Delaware because they are incorporated and have their
principal places of business in Delaware. See Id.
However, Performance makes no allegations about the
citizenship of its members or Oryx's members. See
federal statute providing for the removal of cases from state
to federal court was intended to restrict rather than enlarge
removal rights. Greenshields v. Warren Petroleum
Corp., 248 F.2d 61, 65 (10th Cir. 1957). Federal courts,
therefore, are to strictly construe the removal statutes and
to resolve all doubts against removal. Fajen v. Found.
Reserve Ins. Co., Inc., 683 F.2d 331, 333 (10th Cir.
1982). The removing party bears the burden of establishing
the requirements for federal jurisdiction. Martin v.
Franklin Capital Corp., 251 F.3d 1284, 1290 (10th Cir.
courts have original jurisdiction of all civil actions where
the amount in controversy exceeds the sum or value of $75,
000, exclusive of interest and costs, and is between citizens
of different States. 28 U.S.C. § 1332(a) (2018). When a
plaintiff files a civil action in state court over which the
federal district courts would have original jurisdiction
based on diversity of citizenship, the defendant may remove
the action to federal court, provided that no defendant is a
citizen of the State in which such action is brought.
See § 1441(a), (b). For individuals, domicile,
the equivalent of state citizenship, requires more than mere
residence; domicile exists only when residence is coupled
with an intention to remain in the state indefinitely.
Middleton v. Stephenson, 749 F.3d 1197, 1200 (10th
the citizenship of a limited liability company is different
from determining the citizenship of a corporation under
§ 1332. A corporation is deemed to be a citizen of the
state in which it is incorporated and in which it maintains
its principal place of business. See § 1332(c).
Limited liability companies, however, are treated as
partnerships for citizenship purposes and are therefore
citizens of each and every state in which any member is a
citizen. Siloam Springs Hotel, L.L.C. v. Century Sur.
Co., 781 F.3d 1233, 1234 (10th Cir. 2015).
the facts set forth in the Notice of Removal [Doc. 1] do not
sufficiently establish the citizenship of Defendants
Performance or Oryx because they fail to allege the
citizenship of each of their members.
IS THEREFORE ORDERED, ADJUDGED, AND DECREED that
Defendant Performance Energy Services, LLC must file a notice
on the record listing the States of citizenship of each and
every one of its members no later than January 28,
IS FURTHER ORDERED that the Oryx Defendants must
file a notice on the record listing the States of citizenship
of each and every one of their members no later than
January 28, 2020.