Landry et al v. Farmland Mutual Ins. Company et al

Filing 21

ORDER denying 20 Motion to Amend Complaint for Damages, without prejudice. The deadline to amend the pleadings is extended to 8/25/2018 for the limited purpose of providing Plaintiffs sufficient time to address the deficiencies described in this Order. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/21/2018. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

NATALIE LANDRY, ET AL.

CIVIL ACTION

VERSUS
NO. 18-470-JWD-RLB
FARMLAND MUTUAL INSURANCE
COMPANY, ET AL.

ORDER
Before the Court is Plaintiffs’ Motion for Leave to Amend Complaint for Damages (R.
Doc. 20) filed on August 17, 2018.
Plaintiffs filed a similar motion on August 9, 2018. (R. Doc. 18). The Court denied
Plaintiffs’ previous motion for three reasons: (1) Plaintiffs did not allege the citizenship of the
proposed new defendants, Allstate Property and Casualty Insurance Company (“Allstate”) and
Axis Insurance Company (“Axis”); (2) Plaintiffs attached various inappropriate documents to the
proposed pleadings; and (3) Plaintiffs did not attach a Local Rule 7(e) certificate to their motion.
(R. Doc. 19).
Plaintiffs have remedied the second and third deficiencies listed above. Inexplicably,
however, Plaintiffs still have not alleged the citizenship of Allstate or Axis. The citizenship of a
corporation is determined by its state of incorporation and principal place of business. See 28
U.S.C. § 1332(c)(1); Illinois Central Gulf Railroad Co. v. Pargas, Inc., 706 F.2d 633, 637 (5th
Cir. 1983). A corporation’s principal place of business is its “nerve center,” meaning “the place
where a corporation’s officers direct, control, and coordinate the corporation’s activities.” Hertz
Corp. v. Friend, 559 U.S. 77, 92 (2010). Plaintiffs do not allege the states of incorporation or
principal places of business for Allstate and Axis in the proposed pleading.

Based on the foregoing,
IT IS ORDERED that Plaintiffs’ Motion for Leave to Amend Complaint for Damages
(R. Doc. 20) is DENIED without prejudice. The deadline to amend the pleadings is extended
to August 25, 2018 for the limited purpose of providing Plaintiffs sufficient time to address the
deficiencies described in this Order.
Signed in Baton Rouge, Louisiana, on August 21, 2018.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE