Benavidez v. Wood Group Production Services, Inc. et al

Filing 12

ORDER...IT IS ORDERED, pursuant to 28 U.S.C. §1653, that, on or before July 27, 2012,the removing defendant shall file an amended notice of removal providing the citizenship of defendants, Energy XXI GOM, LLC and St. Paul Surplus Lines Insurance Company, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction.. Signed by Magistrate Judge Docia L Dalby on 07/12/2012. (KDC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

MICKEY M. BENAVIDEZ

CIVIL ACTION

VERSUS

NO. 12-281-BAJ-DLD

WOOD GROUP PRODUCTION
SERVICES, INC., ET AL
ORDER
The court sua sponte notes the potential insufficiency of the removing
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.

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.

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 St. Paul Surplus
Lines Insurance Company 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 properly alleged. In the event a member of a limited liability company
is another limited liability company, the members of that limited liability

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.

company must be properly alleged as well. is See Harvey v. Grey Wolf
Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). The removing defendant
states that the members of Energy XXI GOM, LLC are Texas citizens, but
does not identify the members of Energy XXI GOM, LLC.; therefore, the
complete citizenship of Energy XXI GOM, 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 July 27, 2012,

the removing defendant shall file an amended notice of removal providing the
citizenship of defendants, Energy XXI GOM, LLC and St. Paul Surplus Lines
Insurance Company, by setting forth all citizenship particulars required to sustain
federal diversity jurisdiction.
Signed in Baton Rouge, Louisiana, on July 12, 2012.

MAGISTRATE JUDGE DOCIA L. DALBY