Excel Maintenance Services, Inc. et al v. Quality Carriers, Inc. et al

Filing 2

ORDER: Quality Carriers, Inc. shall have seven (7) days from the date of this Order to file an amended Notice of Removal without further leave of Court properly setting forth the citizenship particulars required to establish that the Court has diversity jurisdiction over the case. Signed by Magistrate Judge Erin Wilder-Doomes on 10/13/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

EXCEL MAINTENANCE
SERVICES, INC. ET AL.

CIVIL ACTION
NO. 17-1070-JJB-EWD

VERSUS
QUALITY CARRIERS, INC. ET AL.

ORDER
Before the Court is a Notice of Removal filed by defendant, Quality Carriers, Inc. (“QC”).1
QC removed this matter from state court on October 12, 2017, asserting that this Court has
diversity jurisdiction pursuant to 28 U.S.C. § 1332.2 The Notice of Removal makes the following
allegations regarding the citizenship of the parties:
VIII.
The controversy between Petitioner and the Defendant herein is a
controversy between citizens of different states.
(a) Petitioner, at the time of the commencement of said
action and at all times thereafter through and including the
present time, is a corporation authorized to do and is doing
business in the State of Louisiana.
(b) Quality Carriers, Inc. is a corporation incorporated under
the laws of the State of Illinois with its principal place of
business in Tampa, State of Florida and was not at the time
of commencement of said action or at any time thereafter a
citizen of the State of Louisiana pursuant to the United States
Supreme Court’s holding in Hertz Corp. v. Friend, 559 U.S.
77 (2010).
IX.
The diversity of citizenship requirement is satisfied in this action
because Petitioner and Defendant, Quality Carriers, Inc., are citizens

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R. Doc. 1.
Id. at ¶ VI.

of different states or foreign states.3
Proper information regarding the citizenship of all parties is necessary to establish the
Court’s diversity jurisdiction, as well as to make the determination required under 28 U.S.C. §
1441 regarding whether the case was properly removed to this Court. In the Notice of Removal,
citizenship has not been adequately alleged. While the citizenship of QC has been adequately
alleged,4 the citizenship of the plaintiff, Excel Maintenance Services, Inc., and defendant, Kendel
Brewel, has not been adequately alleged.5 As an initial matter, the Notice of Removal contains no
allegation regarding the citizenship of Kendel Brewel. The Fifth Circuit has explained that, “For
diversity purposes, citizenship means domicile; mere residence in the State is not sufficient.” Mas
v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974) (citations omitted). With respect to Excel
Maintenance Services, Inc., the Fifth Circuit has held that, “For diversity jurisdiction purposes, a
corporation is a citizen of the state in which it was incorporated and the state in which it has its
principal place of business.” Getty Oil, Div. of Texaco v. Ins. Co. of North America, 841 F.2d
1254, 1259 (5th Cir. 1988) (citing 28 U.S.C. § 1332(c)). Thus, to properly allege the citizenship
of a corporation, a party must identify the place of incorporation and the corporation’s principal
place of business in accordance with the requirements of 28 U.S.C. § 1332(c).

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Id. at ¶¶ VIII and IX.
The Fifth Circuit has held that, “For diversity jurisdiction purposes, a corporation is a citizen of the state in which it
was incorporated and the state in which it has its principal place of business.” Getty Oil, Div. of Texaco v. Ins. Co. of
North America, 841 F.2d 1254, 1259 (5th Cir. 1988) (citing 28 U.S.C. § 1332(c)).
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Although the Notice of Removal contains no allegation regarding the citizenship of defendant, ABC Insurance
Company, 28 U.S.C. § 1441 provides that, “In determining whether a civil action is removable on the basis of the
jurisdiction under section 1332(a) of this title, the citizenship of defendants sued under fictitious names shall be
disregarded.” 28 U.S.C. § 1441(b)(1).
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Accordingly,
IT IS HEREBY ORDERED that Quality Carriers, Inc. shall have seven (7) days from the
date of this Order to file an amended Notice of Removal without further leave of Court properly
setting forth the citizenship particulars required to establish that the Court has diversity jurisdiction
over the case.
Signed in Baton Rouge, Louisiana, on October 13, 2017.

S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE

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