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- ilnd;;1:15-cv-01350_de9 RegisterActionDate "2015-03-30" @default.
- ilnd;;1:15-cv-01350_de9 RegisterActionDescriptionText "MINUTE entry before the Honorable Edmond E. Chang: Innovate International Shenzhen, Ltd., filed suit against Ecolibrium Solar, Inc., alleging subject matter jurisdiction on the basis of diversity. R. 1, para. 4 (citing 28 U.S.C. § 1332(a)(2) (giving district courts "original jurisdiction of all civil actions where the matter in controversy exceeds... $75,000... and is between... citizens of a State and citizens or subjects of a foreign state...."). Innovate claims almost $10,000,000, R. 1, paras. 34-35, well in excess of the jurisdictional minimum, so jurisdiction is proper if the parties have diverse citizenship, which they do. Ecolibrium is a Delaware corporation with its "headquarters" in Ohio, id. para. 3, so Ecolibrium is a citizen of Delaware and of Ohio, assuming that Plaintiff used headquarters as a synonym for principal place of business (if Plaintiff did not intend that, Plaintiff must file a supplement so stating). See 28 U.S.C. § 1332(c)(1) ("[A] corporation [is] a citizen of every State... by which it has been incorporated and of the State... where it has its principal place of business."). The Court ordered more information from Innovate to determine its citizenship. R. 4. That information shows that diversity exists because Innovate cannot possibly be a citizen of Ohio or Delaware. For diversity purposes, a foreign business's citizenship depends on which American business entity it is most similar to. See Fellowes, Inc. v. Changzhou Xinrui Fellowes Office Equip. Co., Ltd., 759 F.3d 787, 790 (7th Cir. 2014). If Innovate is most like a corporation then it would have Chinese citizenship, because it is incorporated in China and has its principal place of business there. R. 5 para. 1; R. 5-1 at 3; 28 U.S.C. § 1332(c)(1). If Innovate were closer to some other entity then it would take on its investors' or members' citizenship. Fellowes, 759 F.3d at 788 ("[O]nly a corporation has citizenship determined independently of the investors' citizenship."). None of Innovate's investors or members are citizens of Ohio or Delaware. R. 5 paras. 1-9 (investors are citizens of China, Samoa, Tennessee). So, no matter how Innovate is classified, the parties are diverse.Emailed notice (slb, ) (Entered: 03/30/2015)" @default.
- ilnd;;1:15-cv-01350_de9 AdministrativeID "8" @default.