I F G Port Holdings L L C v. Lake Charles Harbor & Terminal District

Filing 614

ORDER that Plaintiff is to file an amended complaint by 3/9/2022 to properly assert the diverse citizenship of the parties (Second Compliance Deadline set for 3/9/2022.) Signed by Magistrate Judge Kathleen Kay on 3/2/2022. (crt,Jones, P)

Case 2:16-cv-00146-KK Document 614 Filed 03/02/22 Page 1 of 2 PageID #: 41207

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION
IFG PORT HOLDINGS, LLC

:

VERSUS

:

LAKE CHARLES HARBOR &
TERMINAL DISTRICT

:

CIVIL ACTION NO. 16-cv-146

MAGISTRATE JUDGE KAY
(By Consent)

ORDER

In a previous ruling in this matter, the court found that formal amendment of the complaint
to cure defects in jurisdictional pleading is not necessary when record evidence establishes that the
parties are of diverse citizenship for the purposes of diversity jurisdiction 28 U.S.C. § 1332(a).
Doc. 602. Since then, the United States Court of Appeals, Fifth Circuit issued a ruling in which
the court, without remanding the matter, ordered amendment of the complaint to cure defective
jurisdictional allegations, even though the court “conclude[d] that a substantial likelihood of
diversity was supported by the record.” Seguin v. Remington Arms Co., L.L.C., No. 17-30499,
2022 WL 59200, at *3 (5th Cir. Jan. 6, 2022). We interpret this ruling as suggesting that the court
should order formal amendment of the complaint to cure defective allegations, even when the court
is satisfied that the parties are completely diverse. This being the case,
IT IS HEREBY ORDERED that Plaintiff IFG Port Holdings, LLC file an amended
complaint on or before March 9, 2022, to properly assert the diverse citizenship of the parties.

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Case 2:16-cv-00146-KK Document 614 Filed 03/02/22 Page 2 of 2 PageID #: 41208

THUS DONE AND SIGNED in Chambers this 2nd day of March, 2022.

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