Foster et al v. Wal-Mart Stores Inc

Filing 7

JURISDICTIONAL REVIEW FINDING - Diversity Jurisdiction is established. Signed by Magistrate Judge Joseph H L Perez-Montes on 5/26/2017. (crt,Tice, Y)

UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION
DEVY FOSTER, et al.

CIVIL ACTION NO. 17-CV-00656

VERSUS

CHIEF JUDGE DRELL

WAL-MART LOUISIANA, L.L.C.

MAGISTRATE JUDGE PEREZ-MONTES

SUA SPONTE JURISDICTIONAL REVIEW FINDINGS
Before the Court is a Complaint filed by Plaintiffs Devy Foster and Charles
Foster. The action was removed by Defendant Wal-Mart Louisiana, L.L.C. from a
Louisiana state court. Wal-Mart Louisiana, L.L.C. premises 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
Cir. 1988).
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.” Id. at 50607.
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
Systems, Inc. v. Mountain States/Rosen, L.L.C., 757 F.3d 481, 483 (5th Cir. 2014).
The citizenship of a general partnership depends on that of all partners.
International Paper Co. v. Denkmann Associates, 116 F.3d 134, 135, 137 (5th Cir.
1997). The citizenship of an LLC, a limited partnership, or other unincorporated
association or entity is determined by the citizenship of all its members. Harvey, 542
F.3d at 1079-80.
Plaintiffs Devy Foster and Charles Foster are citizens of Louisiana.
Defendant Wal-Mart Louisiana, L.L.C. is a limited liability company owned by
Wal-Mart Stores East, L.P., a limited partnership composed of two partners, WSE
Management, L.L.C. (GP) and WSE Investment, L.L.C. (LP), both Delaware limited
liability companies.

The sole owner of each is Wal-Mart Stores East, Inc., an

Arkansas corporation with its principal place of business in Arkansas. Therefore,
Wal-Mart Louisiana, L.L.C. is a citizen of Arkansas.

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Accordingly, diversity jurisdiction is established.

No further action is

necessary at this time.
26th
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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