Joiner et al v. Loutzenhiser et al

Filing 30

NOTICE AND ORDER denying 29 MOTION to Substitute pleading. BITCO General Insurance Company (BITCO) shall file a Motion to Substitute the proposed Amended Complaint of Intervention, within three (3) days of this Notice and Order. No leave of court is necessary. Signed by Magistrate Judge Erin Wilder-Doomes on 7/31/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
ALVIN JOINER AND
BARBARA JOINER
CIVIL ACTION
VERSUS
NO. 17-213-BAJ-EWD
BRYAN LEE LOUTZENHISER,
LL TRANS, INC., AND
UNITED CASUALTY COMPANY
NOTICE AND ORDER DENYING MOTION TO SUBSTITUTE PLEADING
Before the court is a Motion to Substitute Pleading1 (the “Motion to Substitute”) filed by
BITCO General Insurance Company (“BITCO”).
On July 20, 2017, BITCO filed an Unopposed Motion for Leave to File Amended
Complaint of Intervention (the “Motion for Leave”).2 Therein, BITCO sought to file an Amended
Complaint of Intervention, asserting that it “was called upon to pay and did respond in payments
of worker’s compensation benefits and medical expenses to plaintiff.”3
Per its Motion for Leave, BITCO asserted that its amended Complaint of Intervention
would “not destroy subject matter jurisdiction since the party being named is also diverse to the
plaintiffs and the intervenor.”4 However, and as previously set forth in the July 21, 2017 Notice
and Order,5 BITCO did not adequately alleged its own citizenship such that this court can ensure
complete diversity exists.6 Accordingly, on July 21, 2017, BITCO was ordered to file a Motion to

1

R. Doc. 29.

R. Doc. 26. BITCO asserts that prior to filing its Motion for Leave, it “obtained consent for the filing and granting
of the motion from all parties having an interest to oppose.” R. Doc. 26, ¶ 8.
2

3

Proposed Petition of Intervention, R. Doc. 26, ¶ 4.

4

R. Doc. 26, ¶ 6.

5

R. Doc. 28.

In diversity cases involving corporations, “allegations of citizenship must set forth the state of incorporation as well
as the principal place of business of each corporation.” Getty Oil, Div. of Texaco v. Ins. Co. of North America, 841
F.2d 1254, 1259 (5th Cir. 1988). For purposes of diversity, the citizenship of a limited liability company or other
6

1

Substitute the proposed Amended Complaint of Intervention (R. Doc. 26, pp. 4-6) with a proposed
pleading setting forth BITCO’s corporate (or otherwise) status and its citizenship.7
On July 27, 2017, BITCO filed the instant Motion to Substitute. The proposed Complaint
of Intervention included in the Motion to Substitute is an exact copy of the previously proposed
pleading included in the Motion for Leave. As before, BITCO’s only allegation with regard to its
citizenship is that it is “a company authorized to do and doing business in the State of Louisiana.”8
Again, this is an insufficient allegation of BITCO’s citizenship.
Accordingly, IT IS HEREBY ORDERED that the Motion to Substitute Pleading9 is
DENIED.
IT IS FURTHER ORDERED that BITCO General Insurance Company (“BITCO”) shall
file a Motion to Substitute the proposed Amended Complaint of Intervention (R. Doc. 26, pp. 46) with a proposed pleading that sets forth BITCO’s corporate (or otherwise) status and its
citizenship. If BITCO is a corporation, it shall set forth its state of incorporation and principal
place of business. If BITCO is an unincorporated association, it shall set forth its members and
the citizenship of each member(s). BITCO shall have three (3) days from the date of this Notice

unincorporated association is determined by considering the citizenship of all its members. See, Harvey v. Grey Wolf
Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008); 13F Fed. Prac. & Proc. Juris § 3630.1 (3d ed.) (“whenever a
partnership, a limited partnership, a joint venture, a joint stock company, a labor union, a religious or charitable
organization, a governing board of an unincorporated institution, or a similar association brings suit or is sued in a
federal court, the actual citizenship of each of the unincorporated association’s members must be considered in
determining whether diversity jurisdiction exists.”) (internal citations omitted). Thus, to properly allege the
citizenship of a limited liability company or similar association, a party must identify each of the members and the
citizenship of each member in accordance with the requirements of 28 U.S.C. § 1332(a) and (c). The same requirement
applies to any member of an unincorporated association which is also an unincorporated association. See, Turner
Bros. Crane and Rigging, LLC v. Kingboard Chemical Holding Ltd., Civil Action No. 06-88, 2007 WL 2848154, at
*4 (M.D. La. Sept. 24, 2007) (“when partners or members are themselves entities or associations, the citizenship must
be traced through however many layers of members or partners there may be, and failure to do [so] can result in
dismissal for want of jurisdiction.”) (citations omitted).
7

R. Doc. 28.

8

R. Doc. 29.

9

R. Doc. 29.

2

and Order to file the Motion to Substitute. No leave of court is necessary to file the Motion to
Substitute.
Signed in Baton Rouge, Louisiana, on July 31, 2017.

S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE

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