SJB Group, LLC et al v. TBE Group, Inc.
Filing
6
ORDER: IT IS ORDERED, pursuant to 28 U.S.C. §1653, that, on or before 5/10/2012, the plaintiff shall file an amended complaint providing its citizenship, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction.. Signed by Magistrate Judge Docia L Dalby on 4/24/2012. (CMM)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
SJB GROUP, LLC, ET AL
CIVIL ACTION
VERSUS
NO. 12-181-BAJ-DLD
TBE GROUP, INC.
ORDER
The court sua sponte notes the potential insufficiency of the plaintiff’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.
2.
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
_______________ 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.
X
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. See Harvey v. Grey Wolf Drilling
Co., 542 F.3d 1077, 1080 (5th Cir. 2008). The complete citizenship of
plaintiff, SJB GROUP, LLC, 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 May 10, 2012,
the plaintiff shall file an amended complaint providing its citizenship, by setting forth all
citizenship particulars required to sustain federal diversity jurisdiction.
Signed in Baton Rouge, Louisiana, on April 24, 2012.
MAGISTRATE JUDGE DOCIA L. DALBY
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