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Contract: Other | Ohio Northern
Praecipe
Praecipe for issuance of Original Summons filed by All Plaintiffs. (Attachments: # 1 Complaint Plaintiff's First Amended Complaint, # 2 Summons HEC Leasing, # 3 Summons Q.O.Q Logistics 2, # 4 Summons VVS Transportation, LC, # 5 Summons Veritiv Operating Company, # 6 Summons Reginald Hargraves, # 7 Summons S&M Logistics c/o #1 A BOC-3, # 8 Summons Q.O.Q c/o Republic Registered Agents, # 9 Summons S&M Logistics c/o Reginald Hargraves)(Proctor, Edward)
Order
Order [non-document]: On August 21, 2026, the Court issued an Order requiring Plaintiffs to supplement their Complaint with respect to the allegations concerning diversity jurisdiction. On September 3, 2026, Plaintiffs filed their First Amended Complaint. There are still several deficiencies. First, in the Court's Order, the Court found that the Complaint did not identify whether Smith and Hargraves were the sole owners of S&M, and whether Smith was the sole owner of QOQ-MD and VVS-MD. Plaintiffs did not provide any allegations in the FAC on this issue. Second, the Court indicated in its Order that "Plaintiffs provide no allegations concerning the citizenship of Defendants HEC Leasing, LLC." In the FAC, Plaintiffs attempt to remedy this deficiency by alleging "HEC is a corporation duly organized and validly existing under the laws of Tennessee having its principal place of business being 111 Eaton Drive, Shelbyville, TN 37160." But, as the Court already explained to Plaintiffs in its Order, the citizenship of a limited liability company is not determined by its states of organization and principal place of business. Delay v. Rosenthal Collins Grp., LLC, 585 F.3d 1003, 1005 (6th Cir. 2009). Instead, a limited liability company has the citizenship of each of its members. Id. Accordingly, no later than September 11, 2026, Plaintiffs shall supplement their FAC with the following information: (1) whether Smith and Hargraves are the sole members of S&M, (2) whether Smith is the sole member of QOQ-MD, (3) whether Smith is the sole member of VVS-MD, and (4) the citizenship of each member of HEC. In addition, if Smith and/or Hargreaves are not the sole members of S&M, QOQ-MD, and/or VVS-MD, Plaintiff shall identify any additional members of those LLCs and the states of their citizenship. Failure to comply with this Order may result in dismissal of this action without prejudice. Judge Pamela A. Barker on 9/4/2026. (R,AP)
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