Gills v. C Verizon Corp

Filing 17

JURISDICTIONAL REVIEW FINDING - 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 11/28/2017. (crt,Tice, Y)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION

c

HEIDI ANN GILLS,
Plaintiff

CIVIL ACTION NO. 1:17-CV-01415

VERSUS

JUDGE DRELL

VERIZON CORPORATION,
Defendant

MAGISTRATE JUDGE PEREZ-MONTES

JURISDICTIONAL REVIEW FINDINGS
Before the Court is a Complaint removed from a Louisiana state court by
Defendant Cellco Partnership, doing business as Verizon Wireless (“Cellco”). 1 (Doc.
1).

Cellco premises federal jurisdiction on diversity of citizenship (Doc. 1).

In

response to this Court’s Sua Sponte Jurisdictional Briefing Order (Doc. 7), Cellco filed
a Jurisdictional Memorandum Submitted on Behalf of Cellco Partnership D/B/A
Verizon Wireless. (Doc. 10).
“[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.
Plaintiff Heidi Ann Gills (“Gills”) alleges she is a citizen of Rapides Parish,
Louisiana. (Doc. 1-4). Gills is a citizen of Louisiana.

1

Cellco alleges it was incorrectly named as Verizon Corporation. (Doc. 1).

Gills sues Defendant Verizon Corporation. (Doc 1-4). Gills’s Petition contains
no allegations regarding the citizenship of Cellco. (Doc. 1-4). In its Complaint for
Removal, Cellco alleges it was improperly named as Verizon Corporation, its proper
name being Cellco Partnership, doing business as Verizon Wireless. (Doc. 1). In its
Jurisdictional Memorandum, Cellco provided that it is a general partnership formed
under Delaware law with its principal place of business in New Jersey. (Doc. 10).
Cellco stated that it is indirectly wholly owned by Verizon Communications, Inc., a
Delaware corporation with its principal place of business in New York. (Doc. 10).
Cellco also provided the citizenship of its four partners (Doc. 10):
a.

b.

Bell Atlantic Mobile Systems, LLC (“Bell Atlantic”) is a limited
liability corporation, with its sole member being MCI
Communications Services, Inc. (Doc. 10). MCI Communications
Services, Inc. is a Delaware corporation with its principal place of
business in New Jersey. Bell Atlantic is a citizen of Delaware and
New Jersey.
GTE Wireless, LLC (“GTE”) is a limited liability corporation, with
its sole member being GTE LLC. (Doc. 10). GTE LLC is a limited
liability corporation, with its members as follows:
1.
Verizon Ventures, LLC (“Verizon Ventures”) is a
limited liability corporation, with its sole member
being Verizon Communications, Inc. (Doc. 10).
Verizon Communications, Inc. is a Delaware
corporation, with its principal place of business in
New York, New York. (Doc. 10). Verizon Ventures
is a citizen of Delaware and New York.
2.
NYNEX, LLC (“NYNEX”) is a limited liability
corporation, with its sole member being Verizon
Communications, Inc. (Doc. 10). NYNEX is a citizen
of Delaware and New York.
3.
Verizon
Communications,
Inc.
(“Verizon
Communications”) is a Delaware corporation, with
its principal place of business in New York, New
York. (Doc. 10). Verizon Communications is a
citizen of Delaware and New York.
Thus, GTE is a citizen of Delaware and New York.
2

c.

d.

Verizon Americas, Inc. (“Verizon Americas”) is a Delaware
corporation with its principal place of business in New Jersey.
(Doc. 10). Verizon Americas is a citizen of Delaware and New
Jersey.
GTE Wireless of the Midwest Incorporated (“GTE Wireless of the
Midwest”) is an Indiana corporation with its principal place of
business in New Jersey. (Doc. 10). GTE Wireless of the Midwest
is a citizen of Indiana and New Jersey.

Therefore, Cellco is a citizen of Delaware, New Jersey, New York, and Indiana. (Doc.
10).
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 _____
28th
day of November, 2017.
____________________________________
Joseph H.L. Perez-Montes
United States Magistrate Judge

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