Delahoussaye v. Corley et al

Filing 8

MEMORANDUM ORDER: The court issued 3 Memorandum Order directing Plaintiff to file an amended complaint to address issues related to diversity of citizenship. Plaintiff responded by amending his complaint to allege he is a resident of Iberia Parish , LA; Corley is a resident of TX. A person may have multiple residences in different states, but he has only one domicile at a time. That is why the court directed Plaintiff to allege his domicile/citizenship. Rather than order another amended compla int, the court will deem the amended complaints to allege that (1) Plaintiff is a domiciliary/citizen of LA and (2) Corley is a domiciliary/citizen of TX. If any party disagrees with either of those characterizations, it must raise the issue in the case management report that will be required prior to the initial scheduling conference. That conference will be scheduled after both defendants have answered. Signed by Magistrate Judge Mark L Hornsby on 7/22/2014. (crt,Putch, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

BRENT DELAHOUSSAYE

CIVIL ACTION NO. 14-cv-1188

VERSUS

JUDGE FOOTE

ROBERT P. CORLEY, JR.

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
The court earlier issued an order that directed Plaintiff to file an amended complaint
to address some issues related to diversity of citizenship. The court noted that the civil cover
sheet indicated Plaintiff resides in Iberia Parish, but the complaint itself did not include an
allegation of the state in which Plaintiff had his “domicile/citizenship.” Plaintiff responded
by amending his complaint to allege that he is a “resident” of Iberia Parish, Louisiana.
It is domicile rather than mere residency that decides citizenship for diversity
purposes, 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 305, 310 n. 2 (5th Cir. 2002), quoting Strain v. Harrelson Rubber Co., 742 F.2d 888
(5th Cir. 1984). A person may have multiple residences in different states, but he has only
one domicile at a time.

That is why the court directed Plaintiff to allege his

domicile/citizenship.
The earlier order also noted that defendant Dr. Robert Corley was described as a
Texas veterinarian, which might imply that Corley was alleged to be a citizen of Texas.

Plaintiff was directed to make a more direct allegation. Plaintiff amended the complaint to
allege that Corley is a “resident” of Texas. The amendment did not allege the state in which
Corley is domiciled, which establishes his citizenship for jurisdictional purposes.
Rather than order another amended complaint, the court will deem the amended
complaints to allege that (1) Plaintiff is a domiciliary/citizen of Louisiana and (2) Corley is
a domiciliary/citizen of Texas. If any party disagrees with either of those characterizations,
it must raise the issue in the case management report that will be required prior to the initial
scheduling conference. That conference will be scheduled after both defendants have
answered.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 22nd day of July, 2014.

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