Underwood et al v. General Motors LLC
Filing
7
ORDER: Pursuant to 28 U.S.C. §1653, that, on or before 05/02/2014, the defendant shall file an amended notice of removal providing its citizenship, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction. Amended Pleadings due by 5/2/2014. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 04/11/2014. (CGP) Modified on 4/11/2014 to edit text(CGP).
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
SANDRA C. UNDERWOOD, ET AL
CIVIL ACTION
VERSUS
NO. 14-188-BAJ-RLB
GENERAL MOTORS, LLC
ORDER
The court sua sponte notes the potential insufficiency of the 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.
____
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.
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
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, the members of that limited liability company must be properly alleged as
well. See Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008).
The complete citizenship of General Motors, LLC is not provided. The defendant
states in the notice of removal (R. Doc. 1 at VI) that General Motors Holdings, LLC
owns 100% of General Motors, LLC and that General Motors Company owns 100%
of General Motors Holdings, LLC. However, it does not identify the members of
General Motors, LLC and General Motors Holdings, LLC.
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 (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).
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, No. 07-1733, 2007 WL 3095382
(N.D. Tex., Oct. 22, 2007). The citizenship of _____________ is not provided.
Accordingly,
IT IS ORDERED, pursuant to 28 U.S.C. §1653, that, on or before May 2, 2014, the
defendant shall file an amended notice of removal providing its citizenship, by setting forth all
citizenship particulars required to sustain federal diversity jurisdiction.
Signed in Baton Rouge, Louisiana, on April 11, 2014.
s
RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE
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