Gilliam v. Outback Steakhouse of Florida L L C et al

Filing 9

SUA SPONTE JURISDICTIONAL BRIEFING ORDER. Signed by Magistrate Judge Joseph H L Perez-Montes on 6/14/2017. (crt,Tice, Y)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION b IONIA MOORE GILLIAM CIVIL ACTION NO. 17-CV-00733 VERSUS CHIEF JUDGE DRELL OUTBACK STAKHOUSE OF FLORIDA, L.L.C., 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 Outback Steakhouse of Florida, L.L.C. and Gallagher Bassett Services, Inc. (Doc. 1). 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.” 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. Int'l Paper Co. v. Denkmann Associates, 116 F.3d 134, 135, 137 (5th Cir. 1997). The citizenship of a limited liability company (“L.L.C.”), 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. Plaintiff Ionia Moore Gilliam is a Louisiana resident. Defendants allege that Outback Steakhouse of Florida, L.L.C. is a Florida corporation with its principal place of business in Florida (Doc. 1). Defendants have not shown who the members of the Outback Steakhouse of Florida, L.L.C. are and their citizenships. Defendants allege that Gallagher Bassett Services, Inc. is an Illinois corporation with its principal place of business in Illinois (Doc. 1). Diversity of citizenship is not clear from the pleadings. existence of federal jurisdiction is in question. 2 Therefore, the 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 21 days from service of this Order on Defendants, Defendants Outback Steakhouse of Florida, L.L.C. and Gallagher Bassett Services, Inc. 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 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 that Plaintiff will be allowed seven days from receipt of Defendants’ memorandum regarding jurisdiction to file a response. 14th THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this _____ day of June, 2017. ______________________________ Joseph H.L. Perez-Montes United States Magistrate Judge 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?