Riggs v. Jackson National Life Insurance Co et al

Filing 7

MEMORANDUM. If Plaintiff contests the assertion that Ms Clary was improperly joined, he must file a motion to remand, supported by memorandum, by February 5, 2018 and explain why there is a reasonable basis to predict that state law would all ow Plaintiff to recover against Ms Clary. If Plaintiff timely files a motion to remand, it will be noticed for briefing so that Jackson National can respond and attempt to meet its burden on the improper joinder issue. If Plaintiff does not timely fi le a motion to remand and challenge the improper joinder plea, the court will consider Plaintiff to concede the point, Ms Clary will be dismissed and the case will proceed toward a Scheduling Order. Compliance Deadline set for 2/5/2018.. Signed by Magistrate Judge Mark L Hornsby on 1/4/2018. (crt,Crick, S)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

CHARLES RIGGS

CIVIL ACTION NO. 17-cv-1691

VERSUS

CHIEF JUDGE HICKS

JACKSON NATIONAL LIFE INSURANCE
CO., ET AL

MAGISTRATE JUDGE HORNSBY

MEMORANDUM
Charles Riggs (“Plaintiff”) filed this civil action against Jackson National Life
Insurance Company and insurance agent Alva Clary. Jackson National removed the case
based on an assertion of diversity jurisdiction. Jackson National acknowledged that
Plaintiff and Ms. Clary appear to both be Louisiana citizens, which would destroy diversity,
but Jackson National asserted that the citizenship of Ms. Clary should be ignored pursuant
to the improper joinder doctrine, which is outlined in Smallwood v. Illinois Central RR
Co., 385 F.3d 568 (5th Cir. 2004). Plaintiff has not yet challenged the improper joinder
plea, but the court is obligated to determine subject matter jurisdiction, including whether
a party is improperly joined, on its own initiative. Gasch v. Hartford Acc & Indem. Co.
491 F.3rd 278, 281 (5th Cir. 2007).
If Plaintiff contests the assertion that Ms. Clary was improperly joined, he must file
a motion to remand, supported by a memorandum, by February 5, 2018 and explain why
there is a reasonable basis to predict that state law would allow Plaintiff to recover against
Ms. Clary. If Plaintiff timely files a motion to remand, it will be noticed for briefing so
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that Jackson National can respond and attempt to meet its burden on the improper joinder
issue. If Plaintiff does not timely file a motion to remand and challenge the improper
joinder plea, the court will consider Plaintiff to concede the point, Ms. Clary will be
dismissed, and the case will proceed toward a Scheduling Order.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 4th day of January,
2018.

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