LaPrairie v. DG Louisiana, L L C
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 9/5/2017. (crt,Tice, Y)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
CIVIL ACTION NO. 17-CV-01096
CHIEF JUDGE DRELL
DG LOUISIANA, L.L.C.
MAGISTRATE JUDGE PEREZ-MONTES
JURISDICTIONAL REVIEW FINDINGS
Before the Court is a Complaint removed from a Louisiana state court by
Defendant DG Louisiana, L.L.C. (Doc. 1). Defendant premises federal jurisdiction on
diversity of citizenship.
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 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
The citizenship of an individual is his or her domicile, meaning the place where
an individual resides and intends to remain. See Acridge v. Evangelical Lutheran
Good Samaritan Soc., 334 F.3d 444, 448 (5th Cir. 2003). A corporation shall be
deemed 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. See
Tewari De-Ox Sys., Inc. v. Mountain States/Rosen, Ltd. Liability Corp., 757 F.3d 481,
483 (5th Cir. 2014). The citizenship of a general partnership depends on that of all
partners. See Int'l 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. See Harvey,
542 F.3d at 1079-80.
Plaintiff Tommy LaPrairie is a citizen of Louisiana.
Defendant DG Louisiana, L.L.C. is a limited liability company of which the
sole member is Dolgencorp, L.L.C., another limited liability company.
member of Dolgencorp, L.L.C. is Dollar General Corporation, which is incorporated
and has its principal place of business in Tennessee. Therefore, Defendant DG
Louisiana, L.L.C. is a citizen of Tennessee.
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.
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this _____
day of September, 2017.
Joseph H.L. Perez-Montes
United States Magistrate Judge
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