Dennis, Jr. et al v. Bossier Healthcare L L C

Filing 5

MEMORANDUM ORDER: Plaintiffs filed this civil action in federal court based on an assertion of diversity jurisdiction, so it is their burden to allege facts that establish a factual basis for the exercise of such jurisdiction. Bossier Healthcare has filed an answer in which it admits its corporate status as alleged but provides no additional citizenship information. Both counsel are directed to cooperate in gaining the information necessary for Plaintiffs to file an amended complaint by 7/26/201 3 that sets forth the necessary citizenship information. A motion for leave to file the amended complaint may be required by FRCP 15. If Plaintiffs are able to establish in the amended complaint that diversity jurisdiction exists, the court will set a scheduling conference in due course. If Plaintiffs are not able to establish a factual basis for the exercise of diversity jurisdiction, the court will have to dismiss the complaint without prejudice for lack of subject-matter jurisdiction. Compliance Deadline set for 7/26/2013. Signed by Magistrate Judge Mark L Hornsby on 7/9/2013. (crt,Putch, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
JESSE DENNIS, JR., ET AL

CIVIL ACTION NO. 13-cv-1339

VERSUS

JUDGE HICKS

BOSSIER HEALTHCARE, LLC

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
Plaintiffs filed this civil action in federal court based on an assertion of diversity
jurisdiction, so it is their burden to allege facts that establish a factual basis for the exercise
of such jurisdiction.
Jesse Dennis, Jr. and Teresa Dennis allege that they are domiciliaries of Louisiana and
Virginia, respectively, so they are citizens of those states. Also named as plaintiffs are the
estate of James Dennis, Sr. and the estate of Lue Ree Dennis. No citizenship information is
provided in the complaint with respect to the citizenship of the two estates, although the
complaint does say that venue is proper here because two (unnamed) plaintiffs reside here.
Any ambiguity on this must be clarified by an amended complaint that specifically alleges
the citizenship of the estates. It is noted that the legal representative of an estate of a decedent
is deemed to be a citizen only of the same state as the decedent. 28 U.S.C. § 1332(c)(2).
The single defendant is Bossier Healthcare, LLC, which the complaint describes as
a non-Louisiana corporation organized under Delaware law and with its principal place of
business in Bossier Parish, Louisiana. The citizenship of an LLC is determined by the
citizenship of all of its members, with its state of organization or principal place of business

being irrelevant. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077 (5th Cir. 2008). 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. Feaster v. Grey Wolf Drilling Co., 2007 WL 3146363 (W.D. La. 2007). The court has
explained the need for such detail in cases such as Burford v. State Line Gathering System,
LLC, 2009 WL 2487988 (W.D. La. 2009).
Bossier Healthcare has filed an answer in which it admits its “corporate status” as
alleged but provides no additional citizenship information. Bossier Healthcare’s name
indicates that it is not a corporation but it is actually a limited liability company whose
citizenship must be determined according to the rules discussed above. Both counsel are
directed to cooperate in gaining the information necessary for Plaintiffs to file an amended
complaint by July 26, 2013 that sets forth the necessary citizenship information. A motion
for leave to file the amended complaint may be required by Fed. R. Civ. Proc. 15.
If Plaintiffs are able to establish in the amended complaint that diversity jurisdiction
exists, the court will set a scheduling conference in due course. If Plaintiffs are not able to
establish a factual basis for the exercise of diversity jurisdiction, the court will have to
dismiss the complaint without prejudice for lack of subject-matter jurisdiction.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 9th day of July, 2013.

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