Waste Commanders L L C v. B F I Waste Services L L C

Filing 29

MEMORANDUM ORDER: Waste Commanders L L C is directed to file another motion for leave to amend its complaint by 3/25/2015 and set forth in proposed amendment all necessary information about the new, defendant's citizenship. Waste Commanders may file a motion for extension of time if necessary, but should proceed promptly so this preliminary issue be resolved and scheduling may move forward. Webster Parish Landfill, L L C is encouraged to promptly provide membership/citizenship information. If not provided voluntarily, Waste Commanders is granted to leave to issue subpoenas or take depositions as needed with respect to this issue. Compliance Deadline set for 3/25/2015. Signed by Magistrate Judge Mark L Hornsby on 3/4/2015. (crt,Putch, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

WASTE COMMANDERS, LLC

CIVIL ACTION NO. 14-cv-0938

VERSUS

JUDGE FOOTE

BFI WASTE SERVICES, LLC

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
Waste Commanders, LLC filed this civil action in state court against BFI Waste
Services, LLC. BFI removed the case based on an assertion of diversity jurisdiction and
properly stated in its notice of removal that the citizenship of the LLCs is based on the
citizenship of their members. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077 (5th Cir.
2008). BFI then identified the members of each LLC and alleged their citizenship in
accordance with the appropriate rules. Those allegations showed that Waste Commanders
is a citizen of Louisiana, and BFI is a citizen of Arizona and Delaware.
After the case was removed, Waste Commanders filed a Motion to Amend Complaint
(Doc. 15) by which it proposed to add new defendant Webster Parish Landfill, LLC. The
court allowed the amendment, which alleges that Webster Parish Landfill, LLC is “a
Delaware limited liability company, which, upon information and belief, operates the
Webster Parish landfill.” No further information about its citizenship is provided.
Plaintiff is directed to file another motion for leave to amend its complaint by March
25, 2015 and set forth in the proposed amendment all necessary information about the new

defendant’s citizenship, which requires identification of its members and allegations of their
citizenship in accordance with applicable rules. This must be traced through however many
layers of members there may be. Adams v. Wal-Mart Stores, Inc., 2014 WL 2949404 (W.D.
La. 2014). If it is determined that Waste Commanders shares Louisiana citizenship with the
new defendant, Waste Commanders will have to make its case under Hensgens v. Deere &
Co., 833 F.2d 1179 (5th Cir. 1987) as to whether the court should allow joinder of the
defendant, which would require remand for lack of subject-matter jurisdiction, or deny
joinder and proceed in federal court. Even if the amended complaint did not technically
require leave under Fed. R. Civ. Pro. 15, the court retains discretion as to whether to allow
the filing of the amendment if it would destroy diversity. Watson v. Daniel, 2015 WL
737650 (W.D. La. 2015). Accordingly, the court may strike the amended complaint if it
determines that it would destroy diversity jurisdiction and the Hensgens factors have not been
satisfied.
The

court

recognizes

that

Waste

Commanders

may

not

have

the

membership/citizenship information for Webster Parish Landfill, LLC readily available to
it, depending on the degree of communication that has been established among counsel.
Waste Commanders may file a motion for extension of time if necessary, but it should
proceed promptly so that this preliminary issue may be resolved and scheduling of the case
may move forward. Webster Parish Landfill, LLC is encouraged to promptly provide the
required membership/citizenship information so that the issue may be resolved without undue

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delay or expense to the parties. If the information is not provided voluntarily, Waste
Commanders is granted to leave to issue subpoenas or take depositions as needed with
respect to this issue.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 4th day of March, 2015.

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