Warren et al v. Bituminous Casualty Corporation et al
Filing
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ORDER AND REASONS that Plaintiffs amend the complaint within 15 days from the entry of this Order to properly allege jurisdiction or the case will be dismissed for lack of subject matter jurisdiction. Signed by Judge Jane Triche Milazzo.(ecm, ) Modified document type on 1/9/2014 (ecm, ).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SARAH L. WARREN
AND DARRYL WARREN
CIVIL ACTION
VERSUS
NO. 13‐2354
BITUMINOUS CASUALTY
CORPORATION, ET AL
SECTION "H"(2)
ORDER AND REASONS
The Court now examines subject matter jurisdiction sua sponte. Plaintiffs have failed to
adequately allege subject matter jurisdiction in their complaint. Accordingly, Plaintiffs shall amend
their complaint within 15 days from the entry of this Order or this case will be dismissed for lack
of subject matter jurisdiction.
BACKGROUND
Plaintiffs filed the instant suit on April 22, 2013 seeking recovery for damages allegedly
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sustained in an automobile accident. Plaintiffs' complaint alleges that this Court has jurisdiction
pursuant to 28 U.S.C. § 1332, diversity of citizenship.
LAW AND ANALYSIS
This Court is duty‐bound to examine the basis of subject matter jurisdiction sua sponte.
Lane v. Halliburton, 529 F.3d 548, 565 (5th Cir. 2008) (citing Union Planters Bank Nat'l Ass'n v. Salih,
369 F.3d 457, 460 (5th Cir. 2004)). Subject matter jurisdiction in this case is allegedly premised
upon diversity of citizenship. See 28 U.S.C. § 1332. Cases arising under § 1332 require, inter alia,
complete diversity of citizenship. Stiftung v. Plains Mktg., L.P., 603 F.3d 295, 297 (5th Cir. 2010)
(citations omitted). "The concept of complete diversity requires that all persons on one side of the
controversy be citizens of different states than all persons on the other side." McClaughlin v.
Mississippi Power Co., 376 F.3d 344, 353 (5th Cir. 2004) (internal quotation marks and citations
omitted). In this matter, the burden of proving complete diversity lies with Plaintiffs. Getty Oil
Corp., a Div. of Texaco, Inc. v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988) (citations
omitted). To carry this burden, Plaintiffs must "distinctly and affirmatively allege [ ] the citizenship
of the parties." Howery v. Allstate Ins. Co., 243 F.3d 912, 919 (5th Cir. 2001) (alteration in original)
(internal quotation marks and citations omitted). A corporation is a citizen of every state in which
it is incorporated as well as the state where its principal place of business is located. 28 U.S.C. §
1332(c)(1).
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Plaintiffs' complaint does not adequately allege the citizenship of either Bituminous
Casualty Corporation, or J&K Enterprise, Inc. The complaint alleges that "Bituminous Casualty
Corporation, [is] a foreign insurance company authorized to do and doing business in the State of
Louisiana," and that J&K Enterprise, Inc. is a foreign corporation unauthorized to do and doing
business in the State of Louisiana with its principal place of business in Purvis, Mississippi." These
allegations do not distinctly and affirmatively allege the citizenship fo the parties. Therefore,
Plaintiffs must amend their complaint to properly plead subject matter jurisdiction.
CONCLUSION
Because the complaint in this matter fails to adequately allege jurisdiction, the Court
ORDERS that Plaintiffs amend the complaint within 15 days from the entry of this Order to properly
allege jurisdiction or the case will be dismissed for lack of subject matter jurisdiction.
New Orleans, Louisiana, this 9th day of January, 2014.
____________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE
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