Carlin et al v. United Specialty Insurance Company et al

Filing 5

ORDER: On or before 10/12/2017, defendants shall file an amended notice of removal providing the citizenship of defendant North Star Carriers & Logistics, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/28/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

MARIETTA SMITH CARLIN, ET AL.

CIVIL ACTION

VERSUS
NO. 17-610-BAJ-RLB
UNITED SPECIALTY INSURANCE
COMPANY, ET AL
ORDER
The court sua sponte notes the potential insufficiency of the defendants’ allegation of the
citizenship as it relates to defendant North Star Carriers & Logistics. In the Petition for
Damages, this entity is identified as North Star Carriers & Logistics Company. (R. Doc. 1-2
at 3). If it is a corporation, 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 is not provided.
The Notice of Removal, however, states that “North Star is a Texas limited liability
company.” (R. Doc. 1 at 2). 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). If defendant North Star Carriers & Logistics is a limited
liability company as alleged in the Notice of Removal, its complete citizenship is not provided.

Accordingly,
IT IS ORDERED, pursuant to 28 U.S.C. §1653, that, on or before October 12, 2017,
the defendants shall file an amended notice of removal providing the citizenship of defendant
“North Star Carriers & Logistics,” by setting forth all citizenship particulars required to
sustain federal diversity jurisdiction.
Signed in Baton Rouge, Louisiana, on September 28, 2017.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE