United States District Court, W.D. Louisiana, Monroe Division
STACEY AULTMAN, et al.
HEATHER AULTMAN, et al.
SUA SPONTE JURISDICTIONAL REVIEW ORDER
H.L. Perez-Montes United States Magistrate Judge
the Court is a Complaint removed from a Louisiana state court
by Defendants Amanda Schafer, Vijay Maggio, and Biotronics
National, LLC. Defendants premise federal jurisdiction on
diversity of citizenship.
time of removal, the Plaintiffs were Stacey Aultman and
Heather Aultman, and Defendants were Vijay Maggio, Amanda
Schaefer, and Biotronics National, LLC. After removal,
O'Reilly Auto Parts and Ace American Insurance Corp.
intervened (Docs. 28, 32).
diversity statute - 28 U.S.C. § 1332 - is satisfied upon
a showing of: (1) diversity of citizenship between the
parties; and (2) an amount in controversy in excess of $75,
000, exclusive of interest and costs. “Complete
diversity requires that all persons on one side of the
controversy be citizens of different states than all persons
on the other side.” Harvey v. Grey Wolf Drilling
Co., 542 F.3d 1077, 1079 (5th Cir. 2008) (internal
citation and quotation omitted). Further, “when
jurisdiction depends on citizenship, citizenship must be
distinctly and affirmatively
alleged.” Getty Oil Corp., a Div. of Texaco, Inc.
v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir.
Court has “an independent obligation to determine
whether subject-matter jurisdiction exists, even in the
absence of a challenge from any party.” Arbaugh v.
Y&H Corp., 546 U.S. 500, 514 (2006). This duty
persists throughout all phases of the litigation, “even
after trial and the entry of final judgment.”
Id. at 506-07.
citizenship of an individual is his or her domicile, meaning
the place where an individual resides and intends to remain.
See Acridge v. Evangelical Lutheran Good Samaritan
Soc., 334 F.3d 444, 448 (5th Cir. 2003). A corporation
shall be deemed a citizen of every State and foreign state by
which it has been incorporated and of the State or foreign
state where it has its principal place of business. See
Tewari De-Ox Sys., Inc. v. Mountain States/Rosen, Ltd. Liab.
Corp., 757 F.3d 481, 483 (5th Cir. 2014). The
citizenship of a general partnership depends on that of all
partners. See Int'l Paper Co. v. Denkmann
Associates, 116 F.3d 134, 135, 137 (5th Cir. 1997). The
citizenship of an LLC, a limited partnership, or other
unincorporated association or entity is determined by the
citizenship of all its members. See Harvey, 542 F.3d
Stacey Aultman and Heather Aultman are Louisiana residents.
allege that Defendant Biotronic National, LLC is a limited
liability company whose sole member is Calder Development
Associates, Inc., which is alleged to be a “citizen of
the State of Michigan.” Defendants have not alleged the
state of incorporation or principal place of business of
Calder Development Associates, Inc.
allege that Vijay Maggio is a citizen of New Jersey, and
Amanda Schaefer is a citizen of Florida.
nature of the business organization and its citizenship or
the citizenship of the members/owners of Intervenor Plaintiff
“O'Reilly Auto Parts” are not alleged in the
nature of the business organization and citizenship of
Intervenor Plaintiff ACE American Insurance Company
(“ACE”) are not alleged in the pleadings. ACE
contends it is wholly owned by INA Financial Corporation
(Doc. 34), but the place of incorporation and principal place
of business of INA is also not alleged in the pleadings.
diversity is not shown on the face of the pleadings.
Clerk of Court is DIRECTED to serve a copy of this order upon
any and all Defendants IMMEDIATELY upon receipt ...