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 WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

PETROHAWK PROPERTIES, LP VERSUS WILLIAM LANE STEPHENSON

CIVIL ACTION NO. 09-cv-0319 JUDGE WALTER MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER Petrohawk Properties, LP describes itself as a limited partnership and brings this diversity action against two Louisiana citizens. Petrohawk has not adequately alleged its citizenship so that the court may determine whether Petrohawk has met its burden of presenting facts that establish subject-matterjurisdiction. Petrohawk should file an Amended Complaint, seeking leave if then required under Rule 15, to allege its citizenship in accordance with the rules applicable to limited partnerships. Those rules can be found in Carden v. Arkoma Associates, 110 S.Ct. 1015 (1990); Mullins v. Testamerica, Inc., 2008 WL 4888576 (5th Cir. 2008); andHaddadv. 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 subject-matter jurisdiction. THUS DONE AND SIGNED in Shreveport, Louisiana, this 27th day of February, 2009.

MARKL HORNSBY UN~TEDSTATES MAGISTRAT~JUDGE