The Lamar Company, LLC v. The Mississippi Transportation Commission

Filing 38

SECOND ORDER REQUIRING BRIEFS REGARDING SUBJECT MATTER JURISDICTION. The parties are ordered to provide briefs regarding diversity jurisdiction by June 15, 2018. Signed by District Judge Louis Guirola, Jr., on 6/6/2018. (BR)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
THE LAMAR COMPANY, LLC
v.

PLAINTIFF
CAUSE NO. 1:17cv149-LG-RHW

THE MISSISSIPPI
TRANSPORTATION COMMISSION

DEFENDANT

SECOND ORDER REQUIRING BRIEFS ON
SUBJECT MATTER JURISDICTION
THIS MATTER IS BEFORE THE COURT sua sponte for the purpose of
requiring the parties to submit additional briefs on the issue of subject matter
jurisdiction. The Mississippi Transportation Commission (MTC) removed this case
to this Court on the basis of federal question jurisdiction. On May 14, 2018, this
Court entered an [35] Order requiring the parties to submit briefs to the Court
regarding whether this Court has subject matter jurisdiction. In response to the
Order, MTC asserted for the first time that diversity jurisdiction is present.
Federal diversity jurisdiction exists “where the matter in controversy exceeds
the sum or value of $75,000.00 exclusive of interest and costs, and is between . . .
citizens of different States.” 28 U.S.C. § 1332(a). The citizenship of a limited
liability company, such as Lamar, is based on the citizenship of each of its members.
Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). Since the
parties have not provided the Court with the citizenship of each and every member
of Lamar, the Court cannot determine whether it has jurisdiction over this lawsuit.

Therefore, the parties are ordered to submit briefs regarding whether this Court
has diversity jurisdiction over this lawsuit.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the parties are
ordered to provide briefs regarding diversity jurisdiction by June 15, 2018.
SO ORDERED AND ADJUDGED this the 6th day of June, 2018.
s/

Louis Guirola, Jr.

Louis Guirola, Jr.
United States District Judge

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