United States District Court, D. Hawaii
TRINA X. EASLEY-JACKSON, Plaintiff,
HILTON HAWAIIAN VILLAGE LLC dba HILTON HAWAIIAN VILLAGE BEACH RESORT & SPA, a Hawai‘i Corporation, HILTON HAWAIIAN CORPORATION, a Delaware corporation; HILTON MANAGEMENT LLC, a Delaware corporation; PARK HOTELS & RESORTS INC., a Delaware corporation; JOHN DOES 1-5; JOHN DOE CORPORATIONS 1-5; JOHN DOE PARTNERSHIPS 1-5; ROE NON-PROFIT CORPORATIONS 1-5; ROE GOVERNMENTAL AGENCIES 1-5, Defendants.
ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE
DISMISSED WITHOUT PREJUDICE
A. OTAKE UNITED STATES JUDGE
December 28, 2017, Plaintiff Trina X. Easley-Jackson filed an
Amended Complaint asserting diversity jurisdiction as the
basis for subject matter jurisdiction in this action. Doc.
No. 11 at ¶ 8. Federal district courts have original
jurisdiction over cases where the amount in controversy
exceeds $75, 000, exclusive of interest and costs, and where
the matter in controversy is between citizens of different
states. 28 U.S.C. § 1332(a)(1). Complete diversity of
citizenship requires that each of the plaintiffs be a citizen
of a different state than each of the defendants.
Williams v. United Airlines, Inc., 500 F.3d 1019,
1025 (9th Cir. 2007) (citing Exxon Mobil Corp. v.
Allapattah Servs., Inc., 545 U.S. 546, 553 (2005));
Morris v. Princess Cruises, Inc., 236 F.3d 1061,
1067 (9th Cir. 2001). Corporations are citizens of “(1)
the state where its principal place of business is located,
and (2) the state in which it is incorporated.”
Johnson v. Columbia Props. Anchorage, LP, 437 F.3d
894, 899 (9th Cir. 2006) (citing 28 U.S.C. §
1332(c)(1)). By contrast, LLCs share the citizenships of all
of their owners/members. Id. at 902.
have an independent obligation to determine whether
subject-matter jurisdiction exists, even when no party
challenges it.” Hertz Corp. v. Friend, 559
U.S. 77, 94 (2010). Federal courts are presumed to lack
subject matter jurisdiction, and the plaintiff bears the
burden of establishing that subject matter jurisdiction is
proper. Kokkonen v. Guardian Life Ins. Co., 511 U.S.
375, 377 (1994). If the Court lacks subject matter
jurisdiction, an action must be dismissed. Fed.R.Civ.P.
Amended Complaint, Plaintiff alleges that Defendant Hilton
Management LLC is a “limited liability corporation,
incorporated under the law of the State of Delaware, having
its principal place of business in the State of Hawai‘i
in Honolulu aforesaid.” Doc. No. 11. at ¶
4. However, Plaintiff has neither identified the
owners/members of this entity, nor their respective
citizenships.Absent this information, the Court is
unable to ascertain whether diversity jurisdiction exists.
Plaintiff is ORDERED TO SHOW CAUSE why this action should not
be dismissed without prejudice for lack of subject matter
jurisdiction. Plaintiff must file a response to this Order to
Show Cause by March 13, 2019, identifying
all of the owners/members of Defendant Hilton Management LLC
and provide their citizenships. If any of the owners/members
are themselves LLCs and/or unincorporated associations,
Plaintiff shall also identify those entities and provide
their citizenships. Failure to timely respond to this Order
to Show Cause will result in a finding that Plaintiff has
failed to carry her burden of establishing subject matter
jurisdiction and the Court will dismiss the action without
 Defendant Hilton Hawaiian Village LLC
dba Hilton Hawaiian Beach Resort & Spa is was identified
in the Amended Complaint as a “limited liability
corporation incorporated under the law of the State of
Hawai‘i, having its principal place of business in the
State of Hawai‘i in the City and County of Honolulu,
State of Hawai‘i.” Doc. No. 11 at ¶ 2.
However, it is no longer a party to the action. Doc. No.
 If an owner/member is an LLC, its
owners/members must also be identified, along with their
 “[A]n unincorporated association
such as a partnership has the citizenships of all of its
members.” Johnson, 437 F.3d at 899 ...