Brashears et al v. Mohave Transportation Insurance Company et al

Filing 2

ORDER to Amend Notice of Removal: Defendants Swift Transportation Company of Arizona, LLC, Mohave Transportation Insurance Company, Alvin Fleming and Target Corporation shall have 14 days to file an Amended Notice of Removal which properly alleges the citizenship of defendant Swift Transportation Company of Arizona, LLC.. Signed by Magistrate Judge Stephen C. Riedlinger on 06/15/11. (PAH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

OCTAVIA BRASHEARS WIFE OF/
AND KERRY BRASHEARS

CIVIL ACTION

VERSUS

NUMBER 11-401-JJB-SCR

SWIFT TRANSPORTATION COMPANY,
L.L.C., ET AL

ORDER TO AMEND NOTICE OF REMOVAL
Defendants Swift Transportation Company of Arizona, LLC,
Mohave Transportation Insurance Company, Alvin Fleming and Target
Corporation removed this case asserting subject matter jurisdiction
under 28 U.S.C. § 1332, diversity of citizenship. In the Notice of
Removal the defendants alleged that defendant “Swift is a Delaware
limited liability company with its principal place of business in
Phoenix, Arizona.”
When jurisdiction depends on citizenship, the citizenship of
each

party

must

be

distinctly

and

affirmatively

alleged

in

accordance with § 1332(a) and (c).1
Under § 1332(c)(1) a corporation is deemed to be a citizen of
any state in which it is incorporated, and of the state in which it
has its principal place of business.
1

For purposes of diversity,

Stafford v. Mobil Oil Corp., 945 F.2d 803, 804 (5th Cir.
1991), citing, McGovern v. American Airlines, Inc., 511 F.2d 653,
654 (5th Cir. 1975)(quoting 2A Moore’s Federal Practice ¶ 8.10, at
1662).

the citizenship of a limited liability company is determined by
considering the citizenship of all its members.2

Thus, to 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

in

accordance

with

the

requirements of § 1332(a) and (c).3
Defendants’

jurisdictional

allegation

regarding

the

citizenship defendant Swift Transportation Company of Arizona, LLC
is not sufficient to establish diversity jurisdiction.
Therefore;
IT IS ORDERED that defendants Swift Transportation Company of
Arizona,

LLC,

Mohave

Transportation

Insurance

Company,

Alvin

Fleming and Target Corporation shall have 14 days to file an
Amended Notice of Removal which properly alleges the citizenship of
defendant Swift Transportation Company of Arizona, LLC.
Failure to comply with this order may result in the case being
remanded for lack of subject matter jurisdiction without further

2

Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th
Cir. 2008); see Carden v. Arkoma Associates, 494 U.S. 185, 110
S.Ct. 1015, 1021 (1990).
3

The same requirement applies to any member of a limited
liability company which is also a limited liability company or a
partnership.
Turner Bros. Crane and Rigging, LLC v. Kingboard
Chemical Holding Ltd., 2007 WL 2848154 (M.D.La. Sept. 24,
2007)(when partners or members are themselves entities or
associations, citizenship must be traced through however many
layers of members or partners there are).
2

notice.
Baton Rouge, Louisiana, June 15, 2011.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

3