Willis v. EAN Holdings,LLC et al

Filing 25

ORDER: as to 1 Notice of Removal, filed by EAN Holdings,LLC Defendant EAN Holdings, LLC shall submit a brief, not later than 21 days after the date of this order, in support of their contention that this court has jurisdiction, specificall y addressing the alleged fraudulent joinder of defendant Thibodaux. Plaintiff shall then have 21 days from the submission of the defendants brief to file a response brief. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/10/2013. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
MARSHA A. WILLIS

CIVIL ACTION

VERSUS

NO. 12-760-BAJ-RLB

EAN HOLDINGS, LLC, ET AL.

ORDER
This matter is before the Court sua sponte. On November 30, 2012, the defendant EAN
Holdings, LLC filed a Notice of Removal, asserting diversity jurisdiction based upon 28 U.S.C.
§ 1332. Specifically, defendant EAN Holdings, LLC alleges that the non-diverse defendant Troy
David Thibodaux was fraudulently joined as a defendant and his citizenship should be
disregarded for the purposes of determining diversity jurisdiction.
The removing party bears the burden of demonstrating fraudulent joinder. Carriere v.
Sears, Roebuck & Co., 893 F.2d 98, 100 (5th Cir. 1990). Whether this court has subject-matter
jurisdiction over this action is a threshold matter that cannot be resolved on the face of the
pleadings filed to date. Accordingly,
IT IS ORDERED that defendant EAN Holdings, LLC shall submit a brief, not later than
21 days after the date of this order, in support of their contention that this court has jurisdiction,
specifically addressing the alleged fraudulent joinder of defendant Thibodaux.
IT IS FURTHER ORDERED that the plaintiff shall then have 21 days from the
submission of the defendants’ brief to file a response brief.
Signed in Baton Rouge, Louisiana, on June 10, 2013.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE