• July 1, 2010

We’re coming up on a holiday weekend and presumably counsel and clients alike do not relish unforeseen “to do” items imposed the latter part of this week, with a deadline of early next week.  That is the fate of defendants in CH Robinson v. Maxxum Group LLC, et al. Defendants removed the case from state court to federal court, based on diversity of citizenship but “[T]he citizenship of a limited-liability company is the citizenship of all of its members, not its state of organization or principal place of business,” which defendants failed to plead.  This apparent oversight could be easily rectified, maybe with few hours of work and a quick filing with the Court, but who needs it?  Note that Sr. U.S. District Court Judge David S. Doty (D. Minn.) raised the issue sua sponte (i.e., without the issue being raised by the lawyers).  (The issue has come up repeatedly lately.)

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