Gross v. Old Republic Insurance Co et al

Filing 24

ORDER: Before us is the Motion to Remand and Motion for Attorneys Fees [doc. 15] filed by plaintiff Robert A. Gross. Although the issue there is defendant John Douglass status as a forum defendant, we first review the jurisdictional allegations in the Notice of Removal, where the defendants have alleged diversity jurisdiction under 28 U.S.C. § 1332. The parties are given seven (7) days from the date of this order to file responses properly setting forth the citizenship of Rollins, Inc., and thereby Orkin, LLC. Signed by Magistrate Judge Kathleen Kay on 7/24/2017. (crt,ThomasSld, T)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION

ROBERT A. GROSS

:

CIVIL ACTION NO. 17-cv-0065

VERSUS

:

JUDGE MINALDI

OLD REPUBLIC INSURANCE CO.
ET AL.

:

MAGISTRATE JUDGE KAY

ORDER

Before us is the Motion to Remand and Motion for Attorney’s Fees [doc. 15] filed by
plaintiff Robert A. Gross. Although the issue there is defendant John Douglas’s status as a forum
defendant, we first review the jurisdictional allegations in the Notice of Removal, where the
defendants have alleged diversity jurisdiction under 28 U.S.C. § 1332.
Defendant Orkin, LLC provides that it is a “Delaware limited liability company with its
principal place of business in Atlanta, GA.” Doc. 1, p. 3. It also states that its sole member is
Rollins, Inc. Id. However, it makes no mention of the principal place of business or place of
incorporation for Rollins, Inc. The corporate disclosure statement for Orkin, LLC also fails to
provide any indication of the citizenship of Rollins, Inc. See doc. 5.
The citizenship of a limited liability company, for diversity jurisdiction purposes, is
determined by the citizenship of its members. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077,
1079–80 (5th Cir. 2008). Accordingly, the parties are given seven (7) days from the date of this
order to file responses properly setting forth the citizenship of Rollins, Inc., and thereby Orkin,
LLC.

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THUS DONE AND SIGNED in Chambers this 24th day of July, 2017.

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