Lea v. Faulconer Energy Joint Venture - 1990, LLP

Filing 11

MEMORANDUM ORDER re 1 Notice of Removal. IT IS ORDERED that, unless any party files written notice to the contrary by Wednesday, 10/6/2010, Defendants allegations of residency will be deemed to be allegations of domicile and, therefore, sufficient to satisfy the requirement of an allegation of citizenship for purposes of diversity jurisdiction. ( Compliance Deadline set for 10/6/2010.) Signed by Judge Elizabeth E Foote on 9/22/2010. (crt,Alexander, E)

-MLH Lea v. Faulconer Energy Joint Venture 1990 L L P

D o c . 11

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

ARDEN J. LEA VERSUS FAULCONER ENERGY JOINT VENTURE -- 1990 LLP

CIVIL ACTION NO. 10-1371 JUDGE ELIZABETH ERNY FOOTE MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER Defendant Faulconer Energy Joint Venture -- 1990, LLP ("Defendant") removed this action from the Second Judicial District Court for the Parish of Claiborne, State of Louisiana, based on an assertion of diversity jurisdiction. See Record Documents 1, 7. Defendant alleges that Plaintiff is "an adult resident of the United States Virgin Islands" and that various individuals serving as trustees and/or beneficiaries of the various trusts are "adult resident[s]" of the State of Texas. See id. Nevertheless, it is domicile rather than mere residency that decides citizenship for purposes of diversity jurisdiction, and "[i]t is well established that an allegation of residency does not satisfy the requirement of an allegation of citizenship." Great Plains Trust Co. v. Morgan Stanley, 313 F.3d 3 0 5 , 310 at n. 2 (5th Cir. 2002), quoting Strain v. Harrelson Rubber Co., 742 F.2 d 888 (5th Cir. 1984). T h e re fo r e , in the instant matter, upon due consideration of the allegations c o n ta in e d in Defendant's Notice of Removal and Amended Notice of Removal, a n d noting the lack of objection to Defendant's assertion of diversity of c i t iz e n s h i p ,

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I T IS ORDERED that, unless any party files written notice to the contrary b y Wednesday, October 6, 2010, Defendant's allegations of residency will be d e e m e d to be allegations of domicile and, therefore, sufficient to satisfy the r e q u ire m e n t of an allegation of citizenship for purposes of diversity jurisdiction. T H U S DONE AND SIGNED in Shreveport, Louisiana, on this 22nd day of S e p te m b e r , 2010.

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