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)

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.

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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

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