Petrohawk Properties L P v. Stephenson

Filing 4

MEMORANDUM ORDER: Petrohawk will be allowed until 3/20/2009 to correct the deficiency as set forth in this Order. Signed by Magistrate Judge Mark L Hornsby on 2/27/2009. (crt,Keifer, K)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF LOUISIANA S H R E V E P O R T DIVISION

P E T R O H A W K PROPERTIES, LP VERSUS W IL L IA M LANE STEPHENSON

C IV IL ACTION NO. 09-cv-0319 J U D G E WALTER M A G I S T R A T E JUDGE HORNSBY

M E M O R A N D U M ORDER P e tro h a w k Properties, LP describes itself as a limited partnership and brings this d iv e rsity action against two Louisiana citizens. Petrohawk has not adequately alleged its c itiz e n sh ip so that the court may determine whether Petrohawk has met its burden of p re se n ting facts that establish subject-matter jurisdiction. Petrohawk should file an Amended C o m p lain t, seeking leave if then required under Rule 15, to allege its citizenship in a c c o rd a n c e with the rules applicable to limited partnerships. Those rules can be found in C a rd e n v. Arkoma Associates, 110 S.Ct. 1015 (1990); Mullins v. Testamerica, Inc., 2008 WL 4 8 8 8 5 7 6 (5th Cir. 2008); and Haddad v. Chesapeake Exploration, LLC, 2008 WL 5172395 (W .D . La. 2008). Petrohawk will be allowed until March 20, 2009 to correct this deficiency. If the deficiency is not sufficiently remedied, the case will be subject to dismissal for lack of s u b je c t-m a tte r jurisdiction. T H U S DONE AND SIGNED in Shreveport, Louisiana, this 27th day of February, 2009.