Alexander v. Dr. Miracles, Inc. et al
Filing
10
ORDER: On or before November 6, 2012, the plaintiff shall file an amended complaint providing the citizenship of defendants, BMC 1092, Inc. and SoLab, Inc. Signed by Magistrate Judge Docia L Dalby on 10/22/2012.
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
TRACY ALEXANDER
CIVIL ACTION
VERSUS
NO. 12-467-JJB-DLD
DR. MIRACLE’S, INC., ET AL
ORDER
The court sua sponte notes the potential insufficiency of the plaintiff’s allegation of
the citizenship of the parties in her Supplemental and Amended Complaint as follows;
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.
1.
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 BMC
1092, Inc. and SoLab, 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
another limited liability company, the members of that limited liability
company must be properly alleged as well. is See Harvey v. Grey Wolf
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.
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 November 6,
2012, the plaintiff shall file an amended complaint providing the citizenship of
defendants, BMC 1092, Inc. and SoLab, Inc., by setting forth all citizenship particulars
required to sustain federal diversity jurisdiction.
Signed in Baton Rouge, Louisiana, on October 22, 2012.
MAGISTRATE JUDGE DOCIA L. DALBY
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