HAYWOOD v. Wal-Mart Stores,Inc.

Filing 8

ORDER to Amend: Defendant is ORDERED TO AMEND its Notice of Removal to state the citizenship of its partners. Additionally, Defendant states Plaintiff, in his Complaint, incorrectly identifies Defendant as Wal- Mart and that the proper defendant is Wal-Mart Stores East, LP. Unless the Plaintiff disagrees with this assertion, the caption of the case will be corrected to reflect Defendant's proper name. Plaintiff shall show cause within ten days of service of this order if he believes this is improper. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 1/13/2017. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

RICHARD HAYWOOD,
Plaintiff,
v.
WALMART,

Defendant.

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CIVIL ACTION NO. 5:16-CV-513 (MTT)

ORDER
Defendant has not provided sufficient information for the Court to determine
Defendant’s citizenship for jurisdiction purposes. In Defendant’s Notice of Removal
(Doc. 1), it states “Wal-Mart Stores East, LP is a Delaware limited partnership with its
principal place of business in the State of Arkansas.” Doc. 1 at ¶ 4. The Court cannot
determine Defendant’s citizenship from this information. For purposes of diversity of
citizenship under 28 U.S.C. § 1332, the citizenship of a limited partnership “depends on
the citizenship of all [its] members.” Carden v. Arkoma Assocs., 494 U.S. 185, 195-96
(1990) (internal quotations omitted). Therefore, to determine if the Court has jurisdiction
based on diversity of citizenship, the Court must analyze the citizenship of all the
partners in a limited partnership. Id. Defendant, a limited partnership, has not provided
the identity and citizenship of its partners. Defendant is therefore ORDERED TO
AMEND its Notice of Removal (Doc. 1) to state the citizenship of its partners.

Additionally, Defendant states Plaintiff, in his Complaint (Doc. 1-4 at 3),
incorrectly identifies Defendant as “Wal-Mart” and that the proper defendant is “WalMart Stores East, LP.” Doc. 1 at ¶ 4. Unless the Plaintiff disagrees with this assertion,
the caption of the case will be corrected to reflect Defendant’s proper name. Plaintiff
shall show cause within ten days of service of this order if he believes this is improper.
SO ORDERED, this 13th day of January, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL
UNITED STATES DISTRICT COURT