Crow et al v. Chesapeake et al

Filing 5

MEMORANDUM ORDER: The Plaintiffs are directed to amend their complaint to allege with specificity the identity and citizenship of any limited partners in Chesapeake Louisiana, LP. Whether Plaintiffs will have to file a motion for leave is determined by Fed.R.Civ.Pro. 15. Signed by Magistrate Judge Mark L Hornsby on 12/8/2014. (crt,Keifer, K)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

DONALD W. CROW, ET AL

CIVIL ACTION NO. 14-cv-3328

VERSUS

JUDGE FOOTE

CHESAPEAKE LOUISIANA, LP, ET AL

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
Plaintiffs filed this civil action based on an assertion of diversity jurisdiction. It
appears that they have alleged their own citizenship and that of one of the defendants in
accordance with the applicable rules. The citizenship of defendant Chesapeake Louisiana,
LP, however, requires additional information.
The complaint alleges that Chesapeake Louisiana, LP is a limited partnership whose
general partner is Chesapeake Operating, Inc., whose state of incorporation and principal
place of business are both Oklahoma. The complaint has no information about any limited
partners. When a limited partnership is a party, the court must consider the citizenship of
each partner, both general and limited. Carden v. Arkoma Associates, 110 S.Ct. 1015
(1990); Whalen v. Carter, 954 F.2d 1087, 1094 (5th Cir. 1994).
Plaintiffs are directed to amend their complaint to allege with specificity the identity
and citizenship of any limited partners in Chesapeake Louisiana, LP. The court notes that
Chesapeake Louisiana, LP. alleged in a notice of removal filed in 2011 that its only limited
partner was then Chesapeake Energy Louisiana Corporation, whose state of incorporation

and principal place of business were both Oklahoma. See 11-cv-854, Doc. 1, ¶ 3. Plaintiff
should attempt to confirm whether that information is still accurate. Whether Plaintiffs will
have to file a motion for leave is determined by Fed. R. Civ. Pro. 15.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 8th day of December,
2014.

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