Todaro et al v. Tutle & Tutle Trucking et al

Filing 13

ORDER re 11 Notice of Removal, filed by Tutle & Tutle Trucking, Robert Earl Wilson, National Specialty Insurance Co. Accordingly, within the next seven days from the date of this order, removing defendant is granted leave of court to file a third amended notice of removal which establishes diversity jurisdiction. See 28 U.S.C. 1653. If defendant again fails to so comply, or if subject matter jurisdiction is found to be lacking, then the matter will be remanded to state court. Signed by Magistrate Judge Karen L Hayes on 10/1/12. (crt,DickersonSld, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
LAURA LEANNE TODARO, ET AL.

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CIVIL ACTION NO. 12-2027

VERSUS

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JUDGE S. MAURICE HICKS

TUTLE & TUTLE TRUCKING, INC.

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MAG. JUDGE KAREN L. HAYES

ORDER
The court is in receipt of removing defendant, National Specialty Insurance Company’s
(“NSIC”) latest attempt to allege the citizenship of the parties for purposes of diversity. See 2nd
Amend. Notice of Removal [doc. # 11]. NSIC’s most recent effort, however, again falls short.
This time, NSIC has regressed to alleging that co-defendant, Tutle and Tutle Trucking, Inc.
(mistakenly referred to as “Tuttle and Tuttle Trucking, Inc.”) “is a foreign business corporation in
the State of Texas and whose principal place of business in the State of Texas is located at 3672
West Highway 67, Cleburne Texas, 76033 . . .” (2nd Amend. Notice of Removal, ¶ 11) (emphasis
added). The foregoing allegation reveals no more than Tutle and Tutle Trucking, Inc. is a
corporation with a presence in Texas, and that its principal business location in Texas is situated
in Cleburne.
However, principal place of business for purposes of diversity is concerned with the State
where the corporation’s principal place of business is situated, not the city or county in any given
state where the corporation has operations. By way of further explication, Tutle and Tutle
Trucking, Inc. may be doing business in multiple states, with its operations in each state
concentrated in a particular city or county. Thus, NSIC’s allegation as to Tutle and Tutle

Trucking Inc.’s principal place of business in the State of Texas is ineffective to establish the
State where Tutle and Tutle Trucking, Inc.’s principal place of business is located.1
Accordingly, within the next seven days from the date of this order, removing defendant
is granted leave of court to file a third amended notice of removal which establishes diversity
jurisdiction. See 28 U.S.C. §1653. If defendant again fails to so comply, or if subject matter
jurisdiction is found to be lacking, then the matter will be remanded to state court.
IT IS SO ORDERED.
THUS DONE AND SIGNED, in chambers, at Monroe, Louisiana, this 1st day of October
2012.

1

For a primer on “principal place of business,” the court directs counsel to Hertz Corp.
v. Friend,
U.S.
, 130 S. Ct. 1181, 1188 (2010); see also 28 U.S.C. § 1332(c)(1).
Counsel also may wish to review ¶ 5 of the original Notice of Removal herein where he
successfully alleged the citizenship of removing defendant NSIC.
2