Pace v. Lowes Home Center L L C

Filing 7

SUA SPONTE JURISDICTIONAL REVIEW BRIEFING ORDER filed. Signed by Magistrate Judge Joseph H L Perez-Montes on 1/17/2018. (crt,Tice, Y)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION

b

THERESA A. PACE

CIVIL ACTION NO. 1:18-CV-00005

VERSUS

JUDGE DRELL

LOWES HOME CENTERS, L.L.C.

MAGISTRATE JUDGE PEREZ-MONTES

SUA SPONTE JURISDICTIONAL REVIEW BRIEFING ORDER
Before the Court is a Complaint removed from a Louisiana state court by
Defendant Lowe’s Home Centers, L.L.C. (“Lowe’s”) (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. See id. at
506-07.
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).

In cases removed from state court, diversity of citizenship must exist

both at the time of filing in state court and at the time of removal to federal court.
Coury v. Prot, 85 F.3d 244, 249 (5th Cir.1996).
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 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. See 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. See 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
citizenships of all its members. See Harvey, 542 F.3d at 1079-80.
Defendant alleges that Plaintiff Theresa A. Pace is a citizen of Louisiana.
Defendant further alleges that Lowe’s is “incorporated” and has its principal
place of business in North Carolina. However, Lowe’s is a limited liability company.
Defendant has not alleged the names and citizenships of all members of that limited
liability company.
Accordingly, diversity of citizenship at the time of removal is not clear from the
pleadings. Therefore, the existence of federal jurisdiction is in question.

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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,
Defendant Lowe’s shall file: (1) a Jurisdictional Memorandum setting forth the
identity and citizenship of each member in the Lowe’s limited liability company; and
(2) a motion for leave to amend the jurisdictional allegations of the Notice of Removal
to adequately allege diversity jurisdiction.
IT IS FURTHER ORDERED that Plaintiff will be allowed 7 days from receipt
of Defendants’ memorandum regarding jurisdiction to file a Response.
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this 17th
_____
day of January, 2018.

______________________________
Joseph H.L. Perez-Montes
United States Magistrate Judge

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