United States District Court, M.D. Louisiana
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE.
the Court is an Amended Notice of Removal and Improper
Joinder, filed by defendants DISA Global Solutions, Inc.
(“DISA”) and University MRO, LLC
(“University”). On or about February 3, 2017,
Plaintiff filed a Petition for Damages in the 19th
Judicial District Court for the Parish of East Baton Rouge,
Louisiana, against DISA, University, and Our Lady of the Lake
Ascension, LLC d/b/a St. Elizabeth Physicians (“St.
Elizabeth Physicians”) based upon damages Plaintiff
allegedly sustained as a result of a failed drug
test. On February 9, 2017, DISA and University
removed the matter to this Court based upon diversity
jurisdiction under 28 U.S.C.§ 1332(a).
March 10, 2017, DISA and University filed an Amended Notice
of Removal and Improper Joinder, asserting that this Court
has diversity jurisdiction under 28 U.S.C. § 1332(a) and
that St. Elizabeth Physician was improperly joined as a
defendant and had not been served at the time of removal on
February 9, 2017. The Amended Notice of Removal and Improper
Joinder contains the following allegations regarding
citizenship of the parties:
5. Plaintiff claims to be now, and was at the time that the
State Court Action was filed, domiciled in, and therefore a
citizen of, the Parish of Livingston, State of Louisiana.
[See Petition at introduction.]
. . . .
7. Defendant DISA is a Delaware corporation with its
principal place of business in Harris County, Texas.
Therefore, Defendant DISA is a citizen of the States of
Delaware and/or Texas.
8. Defendant University is a Delaware corporation with its
principal place of business in Pennsylvania. Therefore,
Defendant University is a citizen of the States of Delaware
9. Defendant St. Elizabeth Physicians is a Louisiana limited
liability company with its principal place of business in the
Ascension Parish in the State of Louisiana.
10. Complete diversity of citizenship exists between
Plaintiff and DISA and University in this lawsuit under 28
U.S.C. § 1332(a). Plaintiff is now, and was at the time
that the State Court Action was filed, a citizen of the State
of Louisiana. Defendants DISA and University are now, and
were at the time that the State Court Action was filed,
citizens of the States of Delaware and/or Texas and Delaware
and/or Pennsylvania respectively. The Court may disregard St.
Elizabeth Physicians' citizenship, as that entity was
improperly joined in this action and had not been served at
the time of the removal on February 9, 2017.
information regarding the citizenship of all parties is
necessary to establish the Court's diversity
jurisdiction, as well as to make the determination required
under 28 U.S.C. § 1441 regarding whether the case was
properly removed to this Court. Citizenship has not been
adequately alleged in the Amended Notice of Removal and
Improper Joinder. While the citizenship of James LeBlanc,
DISA, and University has been adequately alleged,
there is no allegation regarding the citizenship of St.
Elizabeth Physicians. For purposes of diversity, the
citizenship of a limited liability company is determined by
considering the citizenship of all its members. Harvey v.
Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir.
2008). Thus, to properly allege the citizenship of a limited
liability company, a party must identify each of the members
of the limited liability company, and the citizenship of each
member in accordance with the requirements of 28 U.S.C.
§ 1332(a) and (c). The same requirement applies to any
member of a limited liability company which is also a limited
liability company. See, Turner Bros. Crane and Rigging,
LLC v. Kingboard Chemical Holding Ltd., 2007 WL 2848154,
at *4 (M.D. La. Sept. 24, 2007) (“when partners or
members are themselves entities or associations, the
citizenship must be traced through however many layers of
members or partners there may be, and failure to do [so] can
result in dismissal for want of jurisdiction.”)
IT IS HEREBY ORDERED that DISA and
University shall have seven (7) days from the date of this
Order to file a motion to substitute the Amended Notice of
Removal and Improper Joinder with a comprehensive amended
notice of removal without further leave of Court, properly
setting forth the citizenship particulars required to
establish that the Court has diversity jurisdiction over the
 R. Doc. 12.