Travis v. Winn Dixie Stores, Inc. et al

Filing 11

RULING: The plaintiffs 8 Motion for Leave to File Amended Petition is denied, without prejudice to filing another motion for leave to amend along with a proposed amended complaint which properly alleges the citizenship of Winn-Dixie Montgomery, LLC. Signed by Magistrate Judge Stephen C. Riedlinger on 05/28/2013. (SMG) Modified to edit doc type on 5/29/2013 (SMG).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

CYNTHIA TRAVIS
CIVIL ACTION
VERSUS
NUMBER 13-200-BAJ-SCR
WINN DIXIE STORES, INC.,
ET AL
RULING ON MOTION FOR LEAVE TO AMEND CLAIM
Before the court is the plaintiffs’ Motion to Amend Complaint.
Record document number 8.
Plaintiff seeks to join Winn-Dixie Montgomery, LLC as a
defendant.

Plaintiff’s proposed Second Amended Complaint alleges

that Winn-Dixie Montgomery, LLC is a “foreign limited liability
company, domiciled in Jacksonville, Florida with it principal
office” in Jacksonville.
seeks

to

substitute

The motion indicates that the plaintiff

Winn-Dixie

Montgomery,

LLC

for

current

defendant Winn Dixie Stores, Inc.1
The court’s subject matter jurisdiction is based on diversity
of citizenship under 28 U.S.C. § 1332.

When jurisdiction depends

on citizenship, the citizenship of each party must be distinctly
and affirmatively alleged in accordance with § 1332(a) and (c).2

1

In doing so, the substitution would be treated as a Rule
41(a), Fed.R.Civ.P., voluntary dismissal of Winn Dixie Stores, Inc.
2

Stafford v. Mobil Oil Corp., 945 F.2d 803, 804 (5th Cir.
1991), citing, McGovern v. American Airlines, Inc., 511 F.2d 653,
654 (5th Cir. 1975)(quoting 2A Moore’s Federal Practice ¶ 8.10, at
(continued...)

Under § 1332(c)(1) a corporation is deemed to be a citizen of any
state in which it is incorporated, and of the state in which it has
its principal place of business.
citizenship

of

a

limited

For purposes of diversity, the

liability

company

considering the citizenship of all its members.3

is

determined

by

Thus, to properly

allege the citizenship of a limited liability company the identify
each of the members of the limited liability company must be
provided, along with the citizenship of each member in accordance
with the requirements of § 1332(a) and (c).4
limited

liability

company

is

not

The citizenship of a

determined

by

where

it

is

domiciled, or where it is authorized to do or is doing business,
nor where it may be served with process.
Plaintiff is a Louisiana citizen. Use of the letters “LLC” in
the

entity’s

name

liability company.

typically

indicates

that

it

is

a

limited

Consequently, the citizenship of Winn-Dixie

Montgomery, LLC is not sufficiently alleged.

2

(...continued)
1662).
3

Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th
Cir. 2008); Carden v. Arkoma Associates, 494 U.S. 185, 110 S.Ct.
1015, 1021 (1990).
4

The same requirement applies to any member of a limited
liability company which is also a limited liability company.
Turner Bros. Crane and Rigging, LLC v. Kingboard Chemical Holding
Ltd., 2007 WL 2848154 (M.D. La. Sept. 24, 2007)(when partners or
members are themselves entities or associations, citizenship must
be traced through however many layers of members or partners there
are).
2

Accordingly, the plaintiffs’ Motion for Leave to File Amended
Petition is denied, without prejudice to filing another motion for
leave to amend along with a proposed amended complaint which
properly alleges the citizenship of Winn-Dixie Montgomery, LLC.
Baton Rouge, Louisiana, May 28, 2013.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

3