In diversity actions, any party, intervenor, or proposed intervenor that is a limited liability company (LLC), a limited liability partnership (LLP), a limited partnership (LP), or a partnership must, in the disclosure statement required by Fed. R. Civ. P. 7.1, list those states from which the owners/members/partners of the LLC, LLP, LP, or partnership are citizens. If any owner/member/partner of the LLC, LLP, LP, or partnership is another LLC, LLP, LP, or partnership, then the disclosure statement must also list those states from which the owners/members/partners of the LLC, LLP, LP, or partnership are citizens.
The certification requirements of LR 7.1-1 are broader than those established in Fed. R. Civ. P. 7.1. The Ninth Circuit has held that, "like a partnership, an LLC is a citizen of every state of which its owners/members/partners are citizens." Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Early state citizenship disclosure will help address jurisdictional issues. Therefore, the disclosure must identify each and every state for which any owner/member/partner is a citizen. The disclosure does not need to include names of any owner/member/partner, nor does it need to indicate the number of owners/members/partners from any particular state.
Amendment History to LR 7.1
December 1, 2009
June 15, 2011
Clerical correction pursuant to Standing Order 2001-6: Changed "oner/member/partner" to "owner/member/partner."
March 1, 2013
Clerical correction to federal rule reference in the Practice Tip.
December 1, 2022
In the first sentence, inserted ", intervenor, or proposed intervenor" after "party," replaced "corporation" with "company," inserted "a limited partnership (LP)" after "(LLP)." In first and second sentences, inserted "LP," after each instance of "LLP" and removed all periods between initials in "LLC" and "LLP."