Carr v. IF&P Holding Company, LLC et al

Filing 49

ORDER AND REASONS: the Court finds that Plaintiff has failed to adequately allege diversity of citizenship. Plaintiff is granted leave to amend the Complaint within 20 days from the entry of this Order. Failure to file timely an amended complaint will result in dismissal for lack of subject matter jurisdiction. Signed by Judge Jane Triche Milazzo on 2/7/2024.(lag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MARANDA CARR

CIVIL ACTION

VERSUS

NO: 22-480

IF&P HOLDING COMPANY,
LLC ET AL.

SECTION: “H”(1)

ORDER AND REASONS
The Court now examines subject matter jurisdiction sua sponte. Plaintiff
has failed to adequately plead diversity jurisdiction in her Complaint.
Accordingly, Plaintiff shall amend her Complaint to correct this jurisdictional
defect within 20 days of the entry of this Order.
This Court is duty-bound to examine the basis of subject matter
jurisdiction sua sponte.1 Subject matter jurisdiction in this case is premised
upon diversity of citizenship.2 Cases arising under § 1332 require, inter alia,
complete diversity of citizenship.3 “The concept of complete diversity requires

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)).
2 See 28 U.S.C. § 1332.
3 Stiftung v. Plains Mktg., L.P., 603 F.3d 295, 297 (5th Cir. 2010) (citations omitted).
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that all persons on one side of the controversy be citizens of different states
than all persons on the other side.”4
Plaintiff’s Complaint alleges that Defendants IF&P Holding Company,
LLC and MC Produce, LLC are limited liability companies (“LLCs”).5 For
purposes of diversity jurisdiction, the “citizenship of a LLC is determined by
the citizenship of all of its members.”6 Accordingly, the party invoking federal
jurisdiction “must list the citizenship of each member of each limited liability
company to properly allege diversity of citizenship.”7 Plaintiff has failed to
properly allege the citizenship of IF&P Holding Company, LLC and MC
Produce, LLC.
Plaintiff’s failure to properly allege citizenship is not fatal.8 28 U.S.C. §
1653 provides that “[d]efective allegations of jurisdiction may be amended,
upon terms, in the trial or appellate courts.” A district court’s decision to permit
amendment under § 1653 turns on the nature of the jurisdictional defect. 9
Where “jurisdictional problems are of the ‘technical’ or ‘formal’ variety, they

McClaughlin v. Mississippi Power Co., 376 F.3d 344, 353 (5th Cir. 2004) (internal
quotation marks and citations omitted).
5 Doc. 1 at 1.
6 Harvey v. Grey Wold Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008).
7 Bona Fide Demolition & Recovery, LLC v. Crosby Constr. Co. of Louisiana, Inc., No.
07–3115, 2009 WL 413504, at *1 (E.D. La. Feb. 18, 2009) (citations omitted); see also Pyramid
Transp., Inc. v. Greatwide Dallas Mavis, LLC, No. 12–0149, 2013 WL 840664, at *6 (N.D.
Tex. Mar. 7, 2013) (“The citizenship of each member of a limited liability company must be
alleged.” (citations omitted)); Toney v. Knauf Gips KG, No. 12–638, 2012 WL 5923960, at *1
(M.D. La. Oct. 25, 2012) (“[T]o properly allege the citizenship of a limited liability company .
. . the party asserting jurisdiction must identify each of the entity’s members . . . and the
citizenship of each [member].” (internal footnote and citations omitted)).
8 See Whitmire v. Victus Ltd., 212 F.3d 885, 887 (5th Cir. 2000) (citation omitted).
9 Id. at 888.
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fall squarely within the ambit of § 1653.”10 Thus, amendment should be allowed
where “‘diversity jurisdiction was not questioned by the parties and there is no
suggestion in the record that it does not in fact exist.’”11 The record in this
matter does not reveal, nor has any party argued, that diversity jurisdiction is
not present. Accordingly, Plaintiff is granted leave to amend the Complaint to
allege “distinctly and affirmatively” the jurisdictional facts that give rise to
diversity jurisdiction.
CONCLUSION
For the foregoing reasons, the Court finds that Plaintiff has failed to
adequately allege diversity of citizenship. Plaintiff is granted leave to amend
the Complaint within 20 days from the entry of this Order. Failure to file
timely an amended complaint will result in dismissal for lack of subject matter
jurisdiction.

New Orleans, Louisiana this 7th day of February, 2024.

____________________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE

Id.
Stafford v. Mobil Oil Corp., 945 F.2d 803, 806 (5th Cir. 1991) (quoting Leigh v. Nat’l
Aeronautics & Space Admin., 860 F.2d 652, 653 (5th Cir. 1988)).
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