Gum et al v. Audubon Insurance Company et al

Filing 11

ORDER: IT IS ORDERED, pursuant to 28 U.S.C. §1653, that, on or before October 1, 2010, defendant Belfor USA Group, Inc. shall file an amended notice of removal providing the citizenship of defendant, Audubon Insurance Company, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction. Signed by Magistrate Judge Docia L Dalby on 10/1/2010. (CMM, )

Gum et al v. Audubon Insurance Company et al

Doc. 11

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA GWENDOLYN C. GUM AND JOHN N. GUM, JR. VERSUS AUDUBON INSURANCE COMPANY, ET AL. ORDER The court sua sponte notes the potential insufficiency of the defendant's allegation of the citizenship of the parties as follows; 1. A party invoking diversity jurisdiction must allege the citizenship rather than mere residence of an individual. In addition, see 28 U.S.C. §1332(c)(2) for infants, minors and an incompetent. The citizenship of is not provided. X A party invoking diversity jurisdiction must allege both the state of incorporation and principal place of business of each corporate party. See, e.g., Illinois Central Gulf Railroad Co. v. Pargas, Inc., 706 F.2d 633 (5th Cir. 1983). The principal place of business of defendant, Audubon Insurance Company, is not provided.1 CIVIL ACTION NO. 10-535-JJB-DLD

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____ A party invoking diversity jurisdiction must allege both the state of incorporation and principal place of business of each corporate party. See, e.g., Illinois Central Gulf Railroad Co. v. Pargas, Inc., 706 F.2d 633 (5th Cir. 1983). Even when a liability insurer takes on its insured's citizenship under 28 U.S.C. § 1332(c)(1), its own citizenship still is considered in determining whether complete diversity exists. The state of incorporation is not provided.2 and principal place of business of A party invoking diversity jurisdiction must properly allege the citizenship of a limited liability company. For a limited liability company, case law suggests that the citizenship of a limited liability company for diversity purposes is
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The phrase "principal place of business" in §1332(c)(1) refers to the place where a corporation's high level officers direct, control, and coordinate the corporation's activities, i.e., its "nerve center," which will typically be found at its corporate headquarters. The Hertz Corporation v. Melinda Friend, et al., 559 U. S. ____ (2010)
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See footnote 1.

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determined by the citizenship of its members. See Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). The citizenship of is not provided. 5. A party invoking diversity jurisdiction must properly allege the citizenship of a general partnership and a limited liability partnership. For a general partnership, case law suggests that a partnership has the citizenship of each one of its partners. See International Paper Co. v. Denkmann Assoc., 116 F.3d 134, 137 (5th Cir. 1997). A limited liability partnership or L.L.P. also has the citizenship of each one of its partners, both general and limited. See Carden v. Arkoma Associates, 494 U.S. 185, 110 S.Ct. 1014, 108 L.Ed.2d 157 (1990). The citizenship of is not provided. ____ A party invoking diversity jurisdiction must properly allege the citizenship of Underwriters at Lloyd's, London. The citizenship of Underwriters at Lloyd's, London has not been provided. See Corfield v. Dallas Glen Hills LP, 355 F.3d 853 (5th Cir. 2003), cert. denied, 541 U.S. 1073, 124 S.Ct. 2421, 158 L.Ed.2d 983 (2004). ____ A party invoking diversity jurisdiction must properly allege the citizenship of a sole proprietorship. A business entity cannot be both a corporation and sole proprietorship; therefore the court seeks to clarify the identity of plaintiff/defendant. Case law suggests that the citizenship of a sole proprietorship for diversity purposes is determined by the citizenship of its members and/or owners. See Linder Enterprises v. Martinringle, 2007 WL 3095382 (N.D. Tex.). The citizenship of __________________ is not provided. Accordingly, IT IS ORDERED, pursuant to 28 U.S.C. §1653, that, on or before October 1, 2010, defendant Belfor USA Group, Inc. shall file an amended notice of removal providing the citizenship of defendant, Audubon Insurance Company, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction. Signed in Baton Rouge, Louisiana, on September 23, 2010.

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MAGISTRATE JUDGE DOCIA L. DALBY