Landry et al v. J C Penney Corp Inc

Filing 45

MEMORANDUM ORDER: Valley Forge is directed to file a motion for leave to file an amended complaint in intervention to set forth its (1) state of incorporation, and (2) principal place of business. Johnson Controls Inc is directed to file a motion for leave to file an amended answer to set forth its (1) state of incorporation, and (2) principal place of business. The deadline for compliance is 9/13/2010. The motions must comply with Local Rule 7.6W.Signed by Magistrate Judge Mark L Hornsby on 8/26/2010. (crt,Keifer, K)

- M L H Landry et al v. J C Penney Corp Inc

D o c . 45

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

J O H N LANDRY, ET AL V ER SU S J . C. PENNEY CORP., INC.

C IV IL ACTION NO. 10-cv-0149 J U D G E STAGG M A G I S T R A T E JUDGE HORNSBY

M E M O R A N D U M ORDER T h e court previously entered an order (Doc. 23) regarding the requirement that there b e facts in the pleadings that establish the citizenship of the parties. The original pleadings c o n ta i n e d information that Plaintiffs are citizens of Louisiana, and defendant Penney is a D e la w a re corporation with its principal place of business in Texas. Counsel for Federal Heath followed the court's instructions and included in its answer a lle g a tio n s that established that LLC is deemed a citizen of Wisconsin. Counsel for ISS F a c ility Services, Inc. also complied by stating that ISS is a Delaware corporation with its p rin c ip a l place of business in Texas. Defendant Johnson Controls, Inc. is described in the amended complaint as a foreign c o r p o r a tio n authorized to do business in Louisiana. The court explained in the prior order th a t this is insufficient to determine Johnson's citizenship. Plaintiffs were directed to serve Jo h n so n with their complaint, as amended, and a copy of the order. Johnson was directed to in c lu d e in the corporation's answer specific allegations of the corporation's (1) state of

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in c o rp o ra tio n and (2) principal place of business. Johnson recently filed an answer and a co rpo rate disclosure statement. Neither filing includes the information required by the order. V a lle y Forge Insurance Company recently filed a complaint in intervention to seek re im b u rse m e n t from the proceeds of the case for worker compensation benefits that it paid to or on behalf of Mr. Landry. Valley Forge's pleading does not contain information re g a rd in g its citizenship, which is necessary to ensure the court has jurisdiction. See Dushane v . Gallagher Kaiser Corp., 2005 WL 1959151 (W. D. La. 2005) (discussing worker c o m p e n s a tio n intervenors and diversity jurisdiction). To establish diversity jurisdiction, a c o m p lain t must set forth "with specificity" a corporate party's state of incorporation and its p rin cipa l place of business. Howery v. Allstate Ins. Co., 243 F.3d 912, 919 (5th Cir. 2001). T h e current allegations that Valley Forge is a "foreign insurer" authorized to do business in L o u is ia n a are inadequate. Valley Forge is directed to file a motion for leave to file an amended complaint in in t e rv e n tio n to set forth its (1) state of incorporation, and (2) principal place of business. J o h n s o n Controls, Inc. is directed to file a motion for leave to file an amended answer to s e t forth its (1) state of incorporation, and (2) principal place of business. The deadline for c o m p l ia n c e is September 13, 2010. The motions must comply with Local Rule 7.6W. A s stated in the prior order, the court will determine subject matter jurisdiction after th e amendments are filed and, if jurisdiction exists, set a scheduling conference to discuss

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f u rth e r proceedings. If subject matter jurisdiction is not present, the case will be subject to re m a n d . T H U S DONE AND SIGNED in Shreveport, Louisiana, this 26th day of August, 2010.

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