Jenkins v. BAC Home Loans Servicing LP

Filing 9

ORDER directing Defendant to show diversity jurisdiction; directing Defendant to properly plead citizenship not later than 6/21/2011. Stay to remain in effect pending Court's ruling. Ordered by Judge Hugh Lawson on 6/8/2011. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
RANDY JENKINS,

:
:
Plaintiff,
:
:
v.
:
:
BAC HOME LOAN SERVICING, L.P., :
:
Defendant.
:
_______________________________ :

Civil Action No.
7:11-cv-73 (HL)

ORDER
The Defendant removed this case to this Court on May 31, 2011 asserting that
the basis for this Court’s jurisdiction was diversity.
Consistent with this Court’s responsibility to examine the subject matter
jurisdiction of the cases that come before it, the Court has reviewed the complaint
to determine whether the diversity jurisdictional requirements in this case have been
satisfied. See Morrison v. Allstate Indem. Co., 228 F.3d 1255, 1261 (11th Cir. 2000)
(requiring that a district court must always answer the question of whether it has
subject matter jurisdiction to hear a case, even if no party raises the question of
jurisdiction by motion). Diversity jurisdiction is present when the dispute is between
citizens of different states and the amount in controversy exceeds $75,000. 28
U.S.C. § 1332.
Having concluded that the requirements have not been satisfied, the Court
orders the Defendant to come forward with evidence showing that diversity

jurisdiction is present.
A party must distinctly and affirmatively plead citizenship.

Tucker v.

Thomasville Toyota, 623 F. Supp. 2d 1378, 1380 (M.D. Ga. 2008) (citations omitted).
The Defendant in this case is a limited partnership. For purposes of diversity of
citizenship, a limited partnership is a citizen of each state in which any of its
partners, limited or general, are citizens. Rolling Greens MHP, L.P. v. Comcast SCH
Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004).
Here, the Defendant has failed to properly plead its citizenship. It states that
it is a Texas partnership with its principal place of business in Texas. The Defendant
follows the diversity citizenship test for corporations, not limited partnerships.
Accordingly, the Defendant is ordered to file with this Court evidence showing the
states of citizenship for its partners no later than June 21, 2011. If it fails to do so or
if any partner is a citizen of Georgia, then the case will be remanded to the Superior
Court of Colquitt County, Georgia. The stay the Court imposed will remain in effect
pending the Court’s determination of jurisdiction.
SO ORDERED, this the 8 th day of June, 2011.
s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
lmc

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