United States District Court, M.D. Louisiana
NOTICE AND ORDER DENYING MOTION TO SUBSTITUTE
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE.
the court is a Motion to Substitute Pleading (the
“Motion to Substitute”) filed by BITCO General
Insurance Company (“BITCO”).
20, 2017, BITCO filed an Unopposed Motion for Leave to File
Amended Complaint of Intervention (the “Motion for
Leave”). Therein, BITCO sought to file an Amended
Complaint of Intervention, asserting that it “was
called upon to pay and did respond in payments of
worker's compensation benefits and medical expenses to
Motion for Leave, BITCO asserted that its amended Complaint
of Intervention would “not destroy subject matter
jurisdiction since the party being named is also diverse to
the plaintiffs and the intervenor.” However, and as
previously set forth in the July 21, 2017 Notice and Order,
BITCO did not adequately alleged its own citizenship such
that this court can ensure complete diversity
exists. Accordingly, on July 21, 2017, BITCO was
ordered to file a Motion to Substitute the proposed Amended
Complaint of Intervention (R. Doc. 26, pp. 4-6) with a
proposed pleading setting forth BITCO's corporate (or
otherwise) status and its citizenship.
27, 2017, BITCO filed the instant Motion to Substitute. The
proposed Complaint of Intervention included in the Motion to
Substitute is an exact copy of the previously proposed
pleading included in the Motion for Leave. As before,
BITCO's only allegation with regard to its citizenship is
that it is “a company authorized to do and doing
business in the State of Louisiana.”Again, this is an
insufficient allegation of BITCO's citizenship.
IT IS HEREBY ORDERED that the Motion to Substitute
Pleading is DENIED.
FURTHER ORDERED that BITCO General Insurance Company
(“BITCO”) shall file a Motion to Substitute the
proposed Amended Complaint of Intervention (R. Doc. 26, pp.
4-6) with a proposed pleading that sets forth BITCO's
corporate (or otherwise) status and its citizenship. If BITCO
is a corporation, it shall set forth its state of
incorporation and principal place of business. If BITCO is an
unincorporated association, it shall set forth its members
and the citizenship of each member(s). BITCO shall have three
(3) days from the date of this Notice and Order to file the
Motion to Substitute. No leave of court is necessary to file
the Motion to Substitute.
 R. Doc. 29.
 R. Doc. 26. BITCO asserts that prior
to filing its Motion for Leave, it “obtained consent
for the filing and granting of the motion from all parties
having an interest to oppose.” R. Doc. 26, ¶
 Proposed Petition of Intervention, R.
Doc. 26, ¶ 4.
 R. Doc. 26, ¶ 6.