Francis v. Tokio Marine & Nichido Fire Insurance Co., Ltd. et al
Filing
15
ORDER AND REASONS denying 8 Motion to Remand. Signed by Judge Jane Triche Milazzo. (ecm, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JOSEPH FRANCIS
CIVIL ACTION
VERSUS
NO. 12‐343
TOKIO MARINE & NICHIDO FIRE
INSURANCE CO., LTD, ET AL.
SECTION "H"(4)
ORDER & REASONS
IT IS ORDERED that Plaintiff Joseph Francis’s Motion to Remand is DENIED. Plaintiff argues
that Defendants have not demonstrated complete diversity because when he tried to serve
Defendant George Everett in Mississippi service was unsuccessful. Plaintiff’s petition, however,
states that Everett is a resident of Mississippi. (Doc. 1‐1.) Courts determine diversity jurisdiction
based on the face of the complaint. See Amerson v. Am. Nat’l Ins. Co., 117 Fed. Appx. 360, 361 (5th
Cir. 2004). In addition, Defendants have provided a sworn affidavit from George Everett stating
that he is a resident of Mississippi. (Doc. 13‐1.) “A court may consider information contained in
an affidavit filed subsequent to the notice of removal to determine whether there is an adequate
1
basis for removal.” Molina v. Wal‐Mart Stores Tex., L.P., 535 F.Supp.2d 805, 807 (W.D.Tex. 2008)
(citing Willingham v. Morgan, 395 U.S. 402, 408 n. 3 (1969)). Accordingly, Defendants have met
their burden of showing that removal of this case was proper.
New Orleans, Louisiana, on this 1st day of May, 2012.
___________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?