Kountz v. The Martin Brower Company, LLC

Filing 6

ORDER: Pursuant to 28 U.S.C. §1653, that, on or before 9/30/2016, the defendant shall file an amended notice of removal providing the citizenship of Zema Systems Corporations, Premium Distributors of Virginia, Incorporated, Harbor Distributing Co., Reyes Holdings, Inc., PD of Washington DC, Inc., Reyes Fleet Management, II, LLC, Reinhart Management, LLC, Lee Management, LLC, Maryland Management, LLC, Southern Virginia Management, LLC, Florida Distributing Management, LLC, Windy City Dis tributing Management, LLC, Gold Coast Beverage Management, LLC, and Great Lakes Coca-Cola Distribution Management, LLC by setting forth all citizenship particulars required to sustain federal diversity jurisdiction. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/16/2016. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

SHERRY KOUNTZ

CIVIL ACTION

VERSUS
NO. 16-583-BAJ-RLB
THE MARTIN-BROWNER CO., 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 of an
individual. An individual’s citizenship is determined by his or her domicile,
rather than residence. See Preston v. Tenet Healthsystem Memorial Medical
Center, Inc., 485 F.3d 793, 799 (5th Cir. 2007). In addition, see 28 U.S.C.
§1332(c)(2), for infants, the deceased and the incompetent. The citizenship of
____________ is not provided.

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 principal place
of business of Zema Systems Corporations, Premium Distributors of Virginia,
Incorporated, Harbor Distributing Co., Reyes Holdings, Inc. and PD of
Washington DC, 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

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.

4.

5.

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 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 members are not identified and the complete citizenship of
Reyes Fleet Management, II, LLC, Reinhart Management, LLC, Lee
Management, LLC, Maryland Management, LLC, Southern Virginia
Management, LLC, Florida Distributing Management, LLC, Windy City
Distributing Management, LLC, Gold Coast Beverage Management, LLC,
and Great Lakes Coca-Cola Distribution Management, LLC is not provided.
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 September 30, 2016,

the defendant shall file an amended notice of removal providing the citizenship of Zema
Systems Corporations, Premium Distributors of Virginia, Incorporated, Harbor
Distributing Co., Reyes Holdings, Inc., PD of Washington DC, Inc., Reyes Fleet

Management, II, LLC, Reinhart Management, LLC, Lee Management, LLC, Maryland
Management, LLC, Southern Virginia Management, LLC, Florida Distributing
Management, LLC, Windy City Distributing Management, LLC, Gold Coast Beverage
Management, LLC, and Great Lakes Coca-Cola Distribution Management, LLC by setting
forth all citizenship particulars required to sustain federal diversity jurisdiction.
Signed in Baton Rouge, Louisiana, on September 16, 2016.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE