Yonker Properties L L C v. National Oilwell Varco L P

Filing 4

MEMORANDUM ORDER: National Oilwell Varco will be allowed until 6/22/2015 to file an amended notice of removal and set forth with specificity the citizenship of the parties. Signed by Magistrate Judge Mark L Hornsby on 6/2/2015. (crt,Keifer, K)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

YONKER PROPERTIES, LLC

CIVIL ACTION NO. 15-cv-1794

VERSUS

JUDGE FOOTE

NATIONAL OILWELL VARCO, LP

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
Yonker Properties, LLC (“Yonker”) filed this action in state court against National
Oilwell Varco, LP (“NOV”). NOV removed the case based on an assertion of diversity
jurisdiction, so NOV bears the burden of setting forth the facts to establish the requisite
amount in controversy and that there is complete diversity of citizenship. The current notice
of removal does not satisfy that burden.
The notice of removal does not set forth sufficient facts to determine the citizenship
of Yonker or NOV under the rules that apply to LLCs, partnerships, and other unincorporated
entities. Those rules can be found in cases such as Adams v. Wal-Mart Stores, Inc., 2014
WL 2949404 (W. D. La. 2014) and Burford v. Stateline Gathering System, LLC, 2009 WL
2487988 (W. D. La. 2009). NOV will be allowed until June 22, 2015 to file an amended
notice of removal and set forth with specificity the citizenship of the parties.
The court understands that NOV may not possess the necessary information to allege
the membership/citizenship of Yonker. Counsel for Yonker is directed to promptly provide
that information to NOV so that the preliminary issue of subject-matter jurisdiction may be

determined promptly and efficiently. If necessary, NOV may request an extension of the
deadline and seek leave to conduct discovery on the issue of Yonker’s citizenship.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 2nd day of June, 2015.

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