Ferguson v. Swift Transportation Co of Arizona et al
Filing
9
MEMORANDUM ORDER re 7 Amended Notice of Removal filed by Demoreo Lenoir, Swift Transportation Co of Arizona L L C. Signed by Magistrate Judge Mark L Hornsby on 1/19/2018. (crt,Crick, S)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
TONY FERGUSON
CIVIL DOCKET NO. 17-cv-1570
VERSUS
CHIEF JUDGE HICKS
SWIFT TRANSPORTATION CO. OF
ARIZONA, ET AL
MAGISTRATE JUDGE HORNSBY
MEMORANDUM ORDER
The court issued a Memorandum Order (Doc. 5) that noted questions about whether
defendant Swift Transportation Co. of Arizona, LLC is (as its name suggests) a limited
liability company or (as stated in some of the pleadings) a corporation. The court directed
that Swift determine whether it is a corporation or LLC and allege its citizenship in
accordance with the applicable rules.
Swift filed an amended notice of removal (Doc. 7) that stated in paragraph 10 that
Swift Transportation Company of Arizona, LLC is incorporated in Delaware with its
principal place of business in Arizona. The notice gives no explanation for the fact that
LLC is in the name of the company. The court will, for now, accept the assertion that Swift
is a corporation rather than an LLC, but this is an issue that must be explored as the case
progresses. If the company with LLC in its name it really an LLC, then the notice of
removal will require another amendment because it “must specifically allege the
citizenship of every member of every LLC or partnership involved in a litigation.”
Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017).
Page 1 of 2
Other than this concern about subject matter jurisdiction, the case appears to be in a
position for a scheduling conference other than the lack of answers to the complaint in
intervention that was filed by Granite State Insurance Co., the worker’s compensation
insurer. Once the defendants in intervention have filed an answer, the court will promptly
set a scheduling conference.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 19th day of January,
2018.
Page 2 of 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?