Aultman et al v. St Francis Medical Center et al

Filing 36

SUA SPONTE JURISDICTIONAL REVIEW ORDER. Signed by Magistrate Judge Joseph H L Perez-Montes on 4/25/2017. (crt,Tice, Y)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

b

STACEY AULTMAN, et al.

CIVIL ACTION NO. 3:16-CV-01133

VERSUS

JUDGE JAMES

HEATHER AULTMAN, et al.

MAGISTRATE JUDGE PEREZ-MONTES

SUA SPONTE JURISDICTIONAL REVIEW ORDER
Before the Court is a Complaint removed from a Louisiana state court by
Defendants Amanda Schafer, Vijay Maggio, and Biotronics National, LLC.
Defendants premise federal jurisdiction on diversity of citizenship.
At the time of removal, the Plaintiffs were Stacey Aultman and Heather
Aultman, and Defendants were Vijay Maggio, Amanda Schaefer, and Biotronics
National, LLC.1 After removal, O’Reilly Auto Parts and Ace American Insurance
Corp. intervened (Docs. 28, 32).
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

1

Defendant St. Francis Medical Center, Inc. was dismissed without prejudice. (Doc. 27).

Walter Sartor is erroneously listed as a Defendant in the docket sheet caption and in the note dated
8/2/2016. Sartor is not a defendant in this action, and was not a defendant in the Louisiana court
action. Sartor was named in a complaint filed with the Louisiana Compensation Fund Oversight
Board (which is attached to the Louisiana court pleadings), but was not named in the Louisiana court
action. Sartor’s name should be removed from the docket.

(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).
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.” Id. at 50607.
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 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 Sys., Inc. v. Mountain States/Rosen, Ltd. Liab. Corp., 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 an LLC, a limited partnership, or other unincorporated
association or entity is determined by the citizenship of all its members. See Harvey,
542 F.3d at 1079-80.
Plaintiffs Stacey Aultman and Heather Aultman are Louisiana residents.

2

Defendants allege that Defendant Biotronic National, LLC is a limited liability
company whose sole member is Calder Development Associates, Inc., which is alleged
to be a “citizen of the State of Michigan.” Defendants have not alleged the state of
incorporation or principal place of business of Calder Development Associates, Inc.
Defendants allege that Vijay Maggio is a citizen of New Jersey, and Amanda
Schaefer is a citizen of Florida.
The nature of the business organization and its citizenship or the citizenship
of the members/owners of Intervenor Plaintiff “O’Reilly Auto Parts” are not alleged
in the pleadings.2
The nature of the business organization and citizenship of Intervenor Plaintiff
ACE American Insurance Company (“ACE”) are not alleged in the pleadings. ACE
contends it is wholly owned by INA Financial Corporation (Doc. 34), but the place of
incorporation and principal place of business of INA is also not alleged in the
pleadings.
Therefore, diversity is not shown on the face of the pleadings.
The Clerk of Court is DIRECTED to serve a copy of this order upon any and
all Defendants IMMEDIATELY upon receipt of proof of service or an appearance.
IT IS ORDERED that, not later than 21 days from service of this Order on
Defendants Vijay Maggio, Amanda Schaefer, and Biotronics National, LLC, and on
Intervenor-Plaintiffs O’Reilly Auto Parts and ACE American Insurance Company: (1)
they SHALL FILE a Jurisdictional Memorandum correctly setting forth the

The Corporate Disclosure Statement filed is for “O’Reilly Auto Stores, Inc.” and not for “O’Reilly Auto
Parts” (Doc. 33).
2

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citizenship of all parties to this lawsuit; and (2) Defendants Maggio, Schaefer and
Biotronics National, LLC only SHALL FILE a motion for leave to amend the
jurisdictional allegations of the Notice of Removal to adequately allege diversity
jurisdiction.
IT IS FURTHER ORDERED that Plaintiffs Stacey Aultman and Heather
Aultman will be allowed seven days from receipt of Defendants’ memoranda
regarding jurisdiction to file a response.
25th
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this _____
day of April, 2017.

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

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