Rosa et al v. Jackson et al
Filing
7
ORDER: IT IS ORDERED, pursuant to 28 U.S.C. §1653, that, on or before December 15, 2011, the removing defendants shall file an amended notice of removal providing the citizenship of defendants, Jerry Jackson, Billy Jackson, Oakley, Inc., Oakley Louisiana, Inc., Bruce Oakley, Inc., Oakley Trucking, Inc., Protective Insurance Company and United Services Automobile Association, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction.. Signed by Magistrate Judge Docia L Dalby on 11/30/2011. (CMM)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
REGINA CAVALIER ROSA,
WIFE OF/AND MARK E. ROSA
CIVIL ACTION
VERSUS
NO. 11-604-BAJ-DLD
JERRY JACKSON, ET AL
ORDER
The court sua sponte notes the potential insufficiency of the removing defendants'
allegation of the citizenship of the parties as follows;
1.
X
A party invoking diversity jurisdiction must allege the citizenship rather than
mere residence of an individual. The citizenship of Jerry Jackson and Billy
Jackson is not provided.
2.
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 Oakley, Inc. is not provided. The
state of incorporation and principal place of business of Oakley Louisiana,
Inc., Bruce Oakley, Inc. and Oakley Trucking, Inc. are not provided.1
3.
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). 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
and principal place of business of Protective Insurance Company and
United Services Automobile Association are not provided.2
4.
A party invoking diversity jurisdiction must properly allege the citizenship of
a limited liability company. The citizenship of a limited liability company for
diversity purposes is determined by the citizenship of its members. The
citizenship of all of the members of a limited liability company must be
1
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. Hertz Corp. v. Friend, 130 S.Ct. 1181, 175 L.Ed.2d
1029 (2010)
2
See footnote 1.
properly alleged. In the event a member of a limited liability company is
another limited liability company, the members of that limited liability
company must be properly alleged as well. is See Harvey v. Grey Wolf
Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). The complete 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.
6.
____ 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).
7.
____ 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 December 15,
2011, the removing defendants shall file an amended notice of removal providing the
citizenship of defendants, Jerry Jackson, Billy Jackson, Oakley, Inc., Oakley Louisiana,
Inc., Bruce Oakley, Inc., Oakley Trucking, Inc., Protective Insurance Company and
United Services Automobile Association, by setting forth all citizenship particulars
required to sustain federal diversity jurisdiction.
Signed in Baton Rouge, Louisiana, on November 30, 2011.
MAGISTRATE JUDGE DOCIA L. DALBY
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