Boyette et al v. Commerce Protective Insurance Company et al

Filing 6

ORDER: The court sua sponte notes the potential insufficiency of the plaintiffs allegation of the citizenship of the parties as stated herein. on or before October 1, 2012, the plaintiffs shall file an amended complaint providing the citizenship of d efendants, Commerce Protective Insurance Company and Harvest Haul, Inc., by setting forth all citizenship particulars required to sustain federal diversity jurisdiction. Amended Pleadings due by 10/1/2012. Signed by Magistrate Judge Docia L Dalby on 9/24/12. (DCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

JOSHUA BOYETTE, ET AL

CIVIL ACTION

VERSUS

NO. 12-380-JJB-DLD

COMMERCE PROTECTIVE INSURANCE
COMPANY, ET AL
ORDER
The court sua sponte notes the potential insufficiency of the plaintiffs’ 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.

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). The state of incorporation of Commerce Protective Insurance
Company and Harvest Haul, Inc. is not provided.1

____ 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, a limited liability partnership, and a limited partnership.
A general partnership, a limited liability partnership, and a limited partnership
has the citizenship of each one of its partners. Both the general partner and
limited partner must be alleged to establish citizenship of a limited
partnership. See International Paper Co. v. Denkmann Assoc., 116 F.3d
134, 137 (5th Cir. 1997); 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 October 1, 2012,

the plaintiffs shall file an amended complaint providing the citizenship of defendants,
Commerce Protective Insurance Company and Harvest Haul, Inc., by setting forth all
citizenship particulars required to sustain federal diversity jurisdiction.
Signed in Baton Rouge, Louisiana, on September 24, 2012.

MAGISTRATE JUDGE DOCIA L. DALBY