Larche v. Central Flying Service Inc et al

Filing 32

ORDER allowing plaintiffs leave of court to file an amended complaint, within the next 7 days, for the purposes of establishing diversity jurisdiction only. Signed by Magistrate Judge Karen L Hayes on 04/17/2014. (crt,Yocum, M)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
MICHELLE LARCHE, individually
and on behalf of her minor son,
LUCIEN ALEX LARCHE

:

CIVIL ACTION NO. 14-0064

VS.

:

JUDGE ROBERT G. JAMES

CENTRAL FLYING SERVICE, INC.
AND RPI AIR, INC.

:

MAG. JUDGE KAREN L. HAYES

ORDER
Plaintiffs filed the above-captioned matter in federal court on the basis of diversity
jurisdiction. 28 U.S.C. § 1332. When jurisdiction depends on citizenship, “citizenship must be
‘distinctly and affirmatively alleged.’” Getty Oil, Div. Of Texaco v. Ins. Co. of North America,
841 F.2d 1254, 1259 (5th Cir. 1988) (citation omitted) (emphasis in citing source). This rule
requires “strict adherence.” Id.
In diversity cases involving corporations, “allegations of citizenship must set forth the
state of incorporation as well as the principal place of business of each corporation.” Getty Oil,
supra (emphasis added). For example, simply alleging that a corporation is a “foreign insurer”
without specifying its principal place of business is insufficient for jurisdictional purposes. See
Getty, supra; see also, Illinois Cent. Gulf R. Co. v. Pargas, Inc., 706 F.2d 633, 636 & n2 (5th
Cir.1983) (the basis upon which jurisdiction depends must be alleged affirmatively and distinctly
and cannot be established argumentatively or by mere inference).
Here, the complaint fails to allege the principal place of business for defendant, RPI Air,
Inc. See Complaint, ¶ 3(b).

Accordingly, within the next 7 days from the date of this order, plaintiffs are granted
leave of court to file an amended complaint for purposes of establishing diversity jurisdiction
only. 28 U.S.C. § 1653. If plaintiffs fail to so comply, or if jurisdiction is found to be lacking,
then dismissal will be recommended. Fed.R.Civ.P. 12(h)(3).
IT IS SO ORDERED.
THUS DONE AND SIGNED at Monroe, Louisiana, this 17th day of April 2014.

__________________________________
KAREN L. HAYES
UNITED STATES MAGISTRATE JUDGE

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