Tapia et al v. National Continental Insurance Company

Filing 11

ORDER: On or before 5/22/2017, the removing defendant shall file an amended notice of removal providing the citizenship of defendants National Continental Insurance Company and U.S. Corrections, L.L.C., by setting forth all citizenship particulars required to sustain federal diversity jurisdiction. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/8/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

JUAN CARLOS TAPIA

CIVIL ACTION

VERSUS
NO. 17-152-JJB-RLB
NATIONAL CONTINENTAL INSURANCE
COMPANY, ET AL.

ORDER
The court sua sponte notes the potential insufficiency of the removing 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 business1 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 of National Continental Insurance Company is not
provided.

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

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)
1

exists. The state of incorporation and principal place of business of
________________ is not provided.2
4.

X

5.

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 complete citizenship of U.S. Corrections,
L.L.C. 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 May 22, 2017, the
removing defendant shall file an amended notice of removal providing the citizenship of

2

See footnote 1.

defendants National Continental Insurance Company and U.S. Corrections, L.L.C., by
setting forth all citizenship particulars required to sustain federal diversity jurisdiction.
Signed in Baton Rouge, Louisiana, on May 8, 2017.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE