Hatten et al v. Allied Property and Casualty Insurance Co et al

Filing 32

JURISDICTIONAL REVIEW FINDING - Diversity Jurisdiction is established. No further action is necessary at this time. Signed by Magistrate Judge Joseph H L Perez-Montes on 9/4/2017. (crt,Tice, Y)

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UNITED STATES DISTRICT COURT b WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION DAVID HATTEN, et al. CIVIL ACTION NO. 1:16-CV-01277 VERSUS CHIEF JUDGE DRELL ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY, et al. MAGISTRATE JUDGE PEREZ-MONTES JURISDICTIONAL REVIEW FINDINGS Before the Court is a Complaint removed from a Louisiana state court by Defendants Larry Robert Boothe, Ann Costlow Brown d/b/a Jay Construction, and Allied Property and Casualty Insurance Company. Defendants premise federal jurisdiction on diversity of citizenship (Doc. 1). Defendants amended their Notice of Removal to correct their jurisdictional allegations (Docs. 26, 27). The Court has “an independent obligation to determine whether subjectmatter 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. See id. at 506-07. Plaintiffs David Hatten and Verna Elliott are citizens of Louisiana. Defendants Larry Robert Boothe and Ann Costlow Brown d/b/a Jay Construction are citizens of Texas. Defendants show that Allied Property and Casualty is incorporated in Iowa and has its principal place of business in Iowa (Doc. 27). Accordingly, diversity jurisdiction is established. necessary at this time. No further action is This finding is preliminary in nature, and may be reconsidered sua sponte or upon appropriate motion. 4th THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this _____ day of September, 2017. ______________________________ Joseph H.L. Perez-Montes United States Magistrate Judge 2

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