Williams v. State National Insurance Co et al

Filing 22

SUA SPONTE JURISDICTIONAL BRIEFING ORDER. Signed by Magistrate Judge Joseph H L Perez-Montes on 5/1/2017. (crt,Tice, Y)

UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION
JACOB WILLIAMS

CIVIL ACTION NO. 16-CV-01049

VERSUS

CHIEF JUDGE DRELL

STATE NATIONAL INSURANCE
CO., et al.

MAGISTRATE JUDGE PEREZ-MONTES

SUA SPONTE JURISDICTIONAL BRIEFING ORDER
Before the Court is a Complaint removed from a Louisiana state court by
Defendants Timothy L. Herrington, Southern Tire Mart, L.L.C., and State National
Insurance Company.

Defendants 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.” See 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.” See
Getty Oil Corp., a Div. of Texaco, Inc. v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th
Cir. 1988).

The Court has “an independent obligation to determine whether subjectmatter jurisdiction exists, even in the absence of a challenge from any party.” See
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.” See id. at
506-07.
The citizenship of an individual is his or her domicile, meaning the place where
an individual resides and intends to remain. See 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. See 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, a limited partnership,
or other unincorporated association or entity is determined by the citizenship of all
its members. See Harvey, 542 F.3d at 1079-80.
Plaintiff Jacob Williams filed this suit against Defendants Timothy
Herrington, State National InsuranceCo., Southern Tire Mart, L.L.C., and Robison
Tire Co.
Plaintiff Williams also filed a “Motion for Leave to File First Supplemental and
Amending Complaint” (Doc. 16, 19) to add Larry Smith and State Farm Mutual
Automobile Insurance Company.

Defendants oppose that motion (Doc. 18),

contending its purpose is to destroy diversity jurisdiction. The Court cannot consider
that motion until its jurisdiction at the time of removal is established.

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Plaintiff Jacob Williams is a Louisiana resident.
Defendant Timothy Herrington is a resident of Mississippi.
Defendant State National Insurance Company was incorporated in Texas and
has its principal place of business in Texas.
Defendant Robison Tire Company was incorporated in Mississippi and has its
principal place of business in Mississippi. Robison was dismissed as a defendant after
the case was removed (Doc. 16).
Defendants allege that Southern Tire Mart, L.L.C. is “incorporated in the State
of Mississippi and has its principal place of business in the State of Mississippi.” The
pleadings do not show the identities and citizenships of the members/owners of
Southern Tire Mart, L.L.C.
Therefore, diversity is not shown in the pleadings. Accordingly,
The Clerk of Court is DIRECTED to serve a copy of this order upon all parties
to this action IMMEDIATELY upon receipt of proof of service or an appearance.
IT IS ORDERED that, no later than 14 days from service of this Order on
Defendants, Defendants SHALL FILE: (1) a Jurisdictional Memorandum setting
forth the citizenship of all parties to this lawsuit, and the state of citizenship of each
member as of the date of removal; and (2) a motion under for leave to amend the
jurisdictional allegations of the notice of removal 28 U.S.C. § 1653 to adequately
allege diversity jurisdiction.
IT IS FURTHER ORDERED Plaintiff will be allowed seven days from receipt
of Defendants’ memorandum regarding jurisdiction to file a response.

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1st
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this _____
day of May, 2017.

______________________________
Joseph H.L. Perez-Montes
United States Magistrate Judge

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