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Joiner v. Loutzenhiser

United States District Court, M.D. Louisiana

July 31, 2017

ALVIN JOINER AND BARBARA JOINER
v.
BRYAN LEE LOUTZENHISER, LL TRANS, INC., AND UNITED CASUALTY COMPANY

          NOTICE AND ORDER DENYING MOTION TO SUBSTITUTE PLEADING

          ERIN WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE.

         Before the court is a Motion to Substitute Pleading[1] (the “Motion to Substitute”) filed by BITCO General Insurance Company (“BITCO”).

         On July 20, 2017, BITCO filed an Unopposed Motion for Leave to File Amended Complaint of Intervention (the “Motion for Leave”).[2] 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 plaintiff.”[3]

         Per its 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.”[4] However, and as previously set forth in the July 21, 2017 Notice and Order, [5] BITCO did not adequately alleged its own citizenship such that this court can ensure complete diversity exists.[6] 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.[7]

         On July 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.”[8]Again, this is an insufficient allegation of BITCO's citizenship.

         Accordingly, IT IS HEREBY ORDERED that the Motion to Substitute Pleading[9] is DENIED.

         IT IS 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.

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Notes:

[1] R. Doc. 29.

[2] 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, ¶ 8.

[3] Proposed Petition of Intervention, R. Doc. 26, ¶ 4.

[4] R. Doc. 26, ¶ 6.


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