Cuevas et al v. Con-Way Inc. et al

Filing 10

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 the minor children of Joshua Cuevas and Heidi Cuevas, and defendants, Steven Hendon, Con-Way, Inc., Con-Way Truckload, Inc. and Con-Way Freight, Inc., by setting forth all citizenship particulars required to sustain federal diversity jurisdiction.. Signed by Magistrate Judge Docia L Dalby on 12/1/2011. (CMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JOSHUA CUEVAS, ET AL
CIVIL ACTION
VERSUS
NO. 11-665-BAJ-DLD
CON-WAY, INC., 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. In addition, see 28 U.S.C. §1332(c)(2) for
infants, minors and an incompetent. The citizenship of the minor children
of Joshua Cuevas and Heidi Cuevas, and the citizenship of defendant,
Steven Hendon, 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 state of incorporation and principal place of business of
defendants, Con-Way, Inc., Con-Way Truckload, Inc. and Con-Way
Freight, Inc., is not provided.1

3.

____ 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 ______ is 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
properly alleged. In the event a member of a limited liability company is
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.

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 the minor children of Joshua Cuevas and Heidi Cuevas, and
defendants, Steven Hendon, Con-Way, Inc., Con-Way Truckload, Inc. and Con-Way
Freight, Inc., by setting forth all citizenship particulars required to sustain federal
diversity jurisdiction.
Signed in Baton Rouge, Louisiana, on December 1, 2011.

MAGISTRATE JUDGE DOCIA L. DALBY