Perego et al v. Acadia Healthcare Co Inc
SUA SPONTE JURISDICTIONAL REVIEW FINDINGS. Signed by Magistrate Judge Joseph H L Perez-Montes on 4/11/2017. (crt,Tice, Y)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
KENNETH L. PEREGO II, et al.
CIVIL ACTION NO. 16-CV-00630
CHIEF JUDGE DRELL
HOSPITAL, L.L.C. OF
LOUISIANA, et al.
MAGISTRATE JUDGE PEREZ-MONTES
SUA SPONTE JURISDICTIONAL REVIEW FINDINGS
Before the Court is a Complaint that was removed from a Louisiana state court
by Defendants Crossroads Regional Hospital, L.L.C. of Louisiana d/b/a Longleaf
Hospital and Acadia Healthcare Company, Inc., who premise federal jurisdiction on
diversity of citizenship.
The diversity statute – 28 U.S.C. § 1332 – is satisfied upon a showing of: (1)
diversity of citizenship between the parties; and (2) an amount in controversy in
excess of $75,000, exclusive of interest and costs. “Complete diversity requires that
all persons on one side of the controversy be citizens of different states than all
persons on the other side.” Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1079
(5th Cir. 2008) (internal citation and quotation omitted). Further, “when jurisdiction
depends on citizenship, citizenship must be distinctly and affirmatively alleged.”
Getty Oil Corp., a Div. of Texaco, Inc. v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th
The citizenship of an individual is his or her domicile, meaning the place where
an individual resides and intends to remain. Acridge v. Evangelical Lutheran Good
Samaritan Soc., 334 F.3d 444, 448 (5th Cir. 2003). A corporation shall be deemed to
be a citizen of every State and foreign state by which it has been incorporated and of
the State or foreign state where it has its principal place of business. Tewari De-Ox
Sys., Inc. v. Mountain States/Rosen, Ltd. Liab. Corp., 757 F.3d 481, 483 (5th Cir.
2014). The citizenship of an LLC is determined by the citizenship of all its members.
Harvey, 542 F.3d at 1079-80.
Although the issue of jurisdiction has not been contested by either party, the
Court has “an independent obligation to determine whether subject-matter
jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh v.
Y&H Corp., 546 U.S. 500, 514 (2006). This duty persists throughout all phases of the
litigation, “even after trial and the entry of final judgment.” Id. at 506-07.
Plaintiffs Kenneth Perego III, Kennth L. Perego II, individually and on behalf
of Kenneth Perego III, and Wendy Perego are citizens of Louisiana.
Defendant Crossroads Regional Hospital, L.L.C. of Louisiana d/b/a Longleaf
Hospital, is a Delaware limited liability company with its principal place of business
in Tennessee. Defendant shows that its sole member is Acadia Healthcare Company,
Inc., a foreign (non-Louisiana) corporation with its principal place of business in
Tennessee (Doc. 1). At the time the suit was removed, Acadia Healthcare Company,
Inc. was also a named defendant, but Crossroads Regional Hospital was later
substituted for Acadia Healthcare (Doc. 7).
Therefore, diversity of citizenship is clear from the pleadings.
Accordingly, diversity of citizenship is established on the face of the pleadings.
No further action is necessary at this time.
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this 11th
day of April, 2017.
Joseph H.L. Perez-Montes
United States Magistrate Judge
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