Reviere et al v. Central Fireworks, LLC et al
Filing
224
ORDER AND REASONS re 223 Third Amended Complaint. IT IS ORDERED that Plaintiffs file an amended complaint within ten days of the entry of this Order. Failure to comply with this order will result in dismissal for lack of subject matter jurisdiction. Signed by Judge Jane Triche Milazzo.(ecm, ) Modified document type on 10/30/2013 (ecm, ).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ANTHONY REVIERE
CIVIL ACTION
VERSUS
NO: 07‐3573
CENTRAL FIREWORKS, LLC, ET AL.
SECTION: “H”(5)
ORDER
On October 11, 2013, the Court examined subject matter jurisdiction sua sponte, and found
that Plaintiffs had failed to adequately plead the citizenship of certain defendants. Plaintiffs were
advised that this matter would be dismissed absent an amended complaint which cures the
jurisdictional defects. Plaintiffs filed an amended complaint on October 29, 2013. The amended
complaint identifies the members of two defendant LLCs but only alleges their respective
residences. It is well established that an allegation of residency, standing alone, does not
constitute an allegation of citizenship as required by 28 U.S.C. § 1332. See Strain v. Harrelson
Rubber Co., 742 F.2d 888, 889 (5th Cir. 1984) (citations omitted); Nadler v. Am. Motor Sales Corp.,
764 F.2d 409, 413 (5th Cir. 1985) (citations omitted); Delome v. Union Barge Line Co., 444 F.2d 225,
233 (5th Cir. 1971) (citations omitted).
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Accordingly;
IT IS ORDERED that Plaintiffs file an amended complaint within ten days of the entry of this
Order. Failure to comply with this order will result in dismissal for lack of subject matter
jurisdiction.
New Orleans, Louisiana, this 30th day of October, 2013.
______________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE
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