Jones Brothers Co Inc v. Bossier City BioEnergy Partners et al

Filing 8

MEMORANDUM ORDER: If Blendstar or ValArco do not respond to the complaint by 6/3/11, Plaintiff is directed to request entry of default by 6/7/11. ( Compliance Deadline set for 6/7/2011.) Signed by Magistrate Judge Mark L Hornsby on 5/18/11. (crt,Whidden, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

JONES BROTHERS CO., INC.

CIVIL ACTION NO. 11-cv-0097

VERSUS

JUDGE HICKS

BOSSIER CITY BIOENERGY
PARTNERS, ET AL

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
Jones Brothers Co., Inc. (“Plaintiff”) filed this civil action against three defendants.
The case was removed based on an assertion of diversity jurisdiction. The docket sheet
indicates that service was made on defendants Blendstar, LLC and ValArco, LLC prior to
removal. ValArco has filed a corporate disclosure statement, but neither ValArco nor
Blendstar has filed an answer. If Blendstar or ValArco do not respond to the complaint by
June 3, 2011, Plaintiff is directed to request entry of default by June 7, 2011.
There is no indication on the docket sheet that defendant Bossier City BioEnergy
Partners, LLC has been served. Plaintiff is reminded of the requirement of F.R.C.P. 4(m)
that service be made within 120 days of the filing of the complaint, which the court will
deem to have commenced with the Notice of Removal filed on January 26, 2011. Failure to
file proof of timely service, secure the filing of a responsive pleading, or obtain an extension
of time by May 31, 2011 may result in dismissal of the claims against that defendant.
The court must also ascertain that it has subject-matter jurisdiction. The Notice of
Removal contains detailed allegations of citizenship with respect to Plaintiff, Bossier City

BioEnergy Partners, LLC and Blendstar, LLC. ValArco, however, is described only as a
Texas limited liability company whose members are all citizens of Texas. The court requires
more information to ascertain that there is diversity of citizenship. If the members are
individuals, that should be alleged, along with their states of domicile/citizenship. If the
members are themselves partnerships, LLCs, corporations, or other form of entity, their
citizenship must be alleged in accordance with the rules applicable to that entity, and the
citizenship must be traced through however many layers of members or partners there may
be. General allegations that all members or partners are of diverse citizenship from the
parties on the other side, without factual specificity, are not sufficient. See Burford v. State
Line Gathering System, LLC, 2009 WL 2487988 (W.D. La. 2009). ValArco may include
this information in its answer, due by June 3, 2011, or set it forth in an Amended Notice of
Removal filed by that same date.
A scheduling conference will be set once all parties have appeared and the existence
of subject-matter jurisdiction has been ascertained.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 18th day of May, 2011.

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