Riggs et al v. Champion Truck Lines L L C et al

Filing 23

JURISDICTIONAL REVIEW FINDINGS: Accordingly, diversity jurisdiction is established. No further action is necessary at this time. This finding is preliminary in nature, and may be reconsidered sua sponte or upon appropriate motion. Signed by Magistrate Judge Joseph H L Perez-Montes on 11/7/2017. (crt,Putch, A)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION c RUSSELL RIGGS AND RAMADA THOMPSON CIVIL ACTION NO. 1:17-CV-01008 VERSUS JUDGE DRELL CHAMPION TRUCK LINES, LLC, MAGISTRATE JUDGE PEREZ-MONTES ET AL JURISDICTIONAL REVIEW FINDINGS Before the Court is a Complaint removed from a Louisiana state court by Defendant Hallmark Specialty Insurance Company (“Hallmark”) premising federal jurisdiction upon diversity of citizenship. (Doc. 1). In response to this Court’s Sua Sponte Jurisdictional Briefing Order (Doc. 8), Hallmark filed a Memorandum Regarding Diversity Jurisdiction. (Doc. 10). Plaintiffs Russel Riggs and Ramada Thompson (“Plaintiffs”) filed a reply asserting the suit should be remanded to state court. (Doc. 11). Thereafter, Plaintiffs filed a Motion to Remand. (Doc. 12). Plaintiffs Motion to Remand will be addressed in a separate order. “[S]ubject-matter jurisdiction, because it involves a court’s power to hear a case, can never be forfeited or waived.” Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006) (citing Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999)). The Court has “an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.” Id. Plaintiffs are domiciled in Louisiana. (Doc. 1-3). Plaintiffs are citizens of Louisiana. (Doc. 10-1). Defendant Clifford Phelps (“Phelps”) is domiciled in Oklahoma (Doc. 1-3). Phelps is a citizen of Oklahoma (Doc. 1-2). Hallmark is incorporated in Oklahoma with its principal place of business in Texas. (Doc. 10-1). Hallmark is a citizen of both Oklahoma and Texas. (Doc. 10-1). Defendant Champion Truck Lines, LLC (“Champion”) is a limited liability corporation, with its single member/manager being Brandon Foster (“Foster”). (Doc. 10-1). Brandon Foster is domiciled in Oklahoma. (Doc. 10-1). Champion is a citizen of Oklahoma. (Doc. 10-1). 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. 7th THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this _____ day of November, 2017. ____________________________________ Joseph H.L. Perez-Montes United States Magistrate Judge

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