~~

absence of such a filing, this Court will be constrained to
dismiss the Complaint and this action because of Bulk Molding’s
failure to carry its burden of affirmatively establishing the

requisite federal jurisdiction.

TC thee DHvactu

Milton I. Shadur
Senior United States District Judge

Date: June 1, 2004


Minute Qides Form (06,27,
United States District Court, Northern District of Illinois

Name of Assigned Jud i Sitting Judge if Other
or Magistrate Judge Milton I. Shadur than Assigned Tadge
CASE NUMBER 04 C 3680 DATE 6/1/2004
CASE Bulk Molding Compounds, Inc. vs. Valeo Sylvania, LLC
TITLE
{In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented.]
DOCKET ENTRY:

qd) oO Filed motion of [ use listing in “Motion” box above.]

(2) Oo Brief in support of motion due

(3) Qo Answer brief to motion due___. Reply to answer briefdue__.

(4) oO Ruling/Hearingon__setfor___at

(5) oO Status hearing[held/continued to] [set for/re-set for]on__—sset ffor___—_—at.

(9) Oo Pretrial conference[held/continued to] [set for/re-set for]on____—ssetfor_ sat.
) a Trial{set for/re-set for] on_at

(8) oO [Bench/Jury trial] [Hearing] held/continuedto___at

(9) oO This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]

OOFRCP4(m) (OLocal Rule 41.1 OFRCP41(a)(1) OC FRCP41(a)(2).

ao ff [Other docket entry] Enter Memorandum Order. Bulk Molding’s counsel are ordered to file an
appropriate amendment to Complaint {2 in this Court’s chambers on or before June 15, 2004, to enable
this court to ascertain whether subject matter jurisdiction exists. In the absence of such a filing, this Court
will be constrained to dismiss the Complaint and this action because of Bulk Molding’s failure to carry
its burden of affirmatively establishing the requisite federal jurisdiction.

(1) [For further detail see order attached to the original minute order.]

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION DOCKETED
BULK MOLDING COMPOUNDS, INC., JUN 02 2004

Plaintiff,
v. No. 04 C 3680

VALEO SYLVANIA, L.L.C.,

Defendant.
M ND! DI

Bulk Molding Compounds, Inc. (“Bulk Molding”) has brought
this action against Valeo Sylvania, L.L.C. (“Valeo”), seeking to
invoke federal jurisdiction on diversity of citizenship grounds.
Because the information provided by Complaint {2 is insufficient
to establish such jurisdiction, this memorandum order is issued
sua sponte to require some further input from Bulk Molding’s
counsel.

Complaint 42 does not commit the all-too-frequent error of
equating limited liability companies to corporations, so that
their dual citizenship is prescribed by 28 U.S.C. §1332(c) (1).?
“Instead Bulk Molding’s counsel has properly sought to adduce the
factual information as to the citizenship of Valeo’s members, as
taught by our Court of Appeals in a series of cases ending with

Belleville Catering Co. v. Champaign Market Place, L.L.C., 350
F.3d 691, 692 (7th Cir. 2003). To that end Bulk Molding cannot

a All further references to Title 28’s provisions will
simply take the form “Section--.”



of course be faulted for having alleged those facts on
information and belief. But what has been advanced in Complaint
G2 falls short in more than one respect:

1. One asserted owner of Valeo is said to be “Valeo
Group, a multinational auto parts supplier headquartered in
Paris, France.” But that does not reveal whether Valeo
Group is a corporation, in which event Section 1332(c) (1)
also calls for the identification of its place of
incorporation, or is instead some type of noncorporate
entity, in which event the Belleville Catering line of cases
requires that all layers of the onion be peeled away by
providing the necessary jurisdictional information as to the
entity’s members.

2. Osram Sylvania, Inc. is said to be the other owner
of Valeo. But if it is a corporation (as its name
suggests), Bulk Molding has not identified either facet of
its corporate citizenship under Section 1332(c) (1)--and if
it is instead a division of Osram GmbH (“Osram”) (as
Complaint {2 alleges), the requisite citizenship information
as to Osram is missing.

Under the circumstances Bulk Molding’s counsel are ordered
to file an appropriate amendment to Complaint 12 in this Court’s
chambers on or before June 15, 2004, to enable this Court to

ascertain whether subject matter jurisdiction exists. In the