United States District Court, M.D. Louisiana
WILDER-DOOMES, UNITED STATES MAGISTRATE JUDGE
the Court is Plaintiff's Motion for Leave of Court to
File Amending Complaint (the “Motion”), filed by
plaintiff Karen Dantin on August 9, 2017. Defendant
Southern Home Care Service, Inc. removed this matter from
state court on October 18, 2016, asserting that the Court has
diversity jurisdiction pursuant to 28 U.S.C. §
1332(a). Plaintiff filed the instant Motion seeking
to name Normal Life of Lafayette, Inc. as a defendant in the
place of Southern Home Care Service, Inc. Without
explanation, Plaintiff refers to the defendant as both
“Southern Home Care Service, Inc.” and
“Southern Home Care, Inc.” throughout the
Motion. However, it appears Plaintiff is attempting to add
Normal Life of Lafayette, Inc. as a defendant in this case,
while removing Southern Home Care Service, Inc. as a
proposed Second Supplemental and Amended Petition,
however, fails to adequately allege the citizenship of the
parties and continues to name Southern Home Care Service,
Inc. as a defendant. The proposed Second Supplemental and
Amended Petition makes the following allegations regarding
the citizenship of the parties:
I. Your Plaintiff is KAREN DANTIN, a person of the full age
of majority who is a resident of and domiciled in the Parish
of West Baton Rouge, State of Louisiana. KAREN DANTIN is
appearing herein, individually and on behalf of her son,
CHRISTOPHER TEMPLETON, who is also a resident of and
domiciled in the Parish of West Baton Rouge, State of
II. Your defendant is NORMAL LIFE OF LAFAYETTE, INC., who
shows its domicile address as 8550 United Plaza Blvd., Baton
Rouge, Louisiana 70809, and its principle office address as
8550 United Plaza Blvd., Baton Rouge, Louisiana 70809.
III. Defendant, Southern Home Care Service, Inc. (hereinafter
referred to as “Southern Home Care”) is liable to
Plaintiff for abuse and neglect suffered by Christopher
Templeton, as is more fully described as
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. § 1447(e) when a plaintiff seeks to join
additional defendants after removal. Citizenship has not been
adequately alleged in the Second Supplemental and Amended
Petition. While the citizenship of Plaintiff, Karen Dantin,
has been adequately alleged,  the citizenship of Normal Life of
Lafayette, Inc. and Southern Home Care Service, Inc. has not
been adequately alleged in the Second Supplemental and
Amended Petition. As stated in the prior Order issued by the
undersigned on August 3, 2017,  for purposes of diversity, a
corporation is a citizen of its place of incorporation and
its principal place of business. 28 U.S.C. §1332(c).
See also, Getty Oil, Div. of Texaco v.
Ins. Co. of North America, 841 F.2d 1254, 1259 (5th Cir.
1988) (In diversity cases involving corporations,
“allegations of citizenship must set forth the state of
incorporation as well as the principal place of business of
each corporation.”). Thus, to properly allege the
citizenship of a corporation, a party must identify the place
of incorporation and the corporation's principal place of
business in accordance with the requirements of 28 U.S.C.
IT IS HEREBY ORDERED that Plaintiff shall
have seven (7) days from the date of this Order to file a
Motion to Substitute the proposed Second Supplemental and
Amended Petitionwith a proposed pleading that is a
comprehensive amended complaint that includes all of
Plaintiff's numbered allegations, as revised,
supplemented, and/or amended, and adequately alleges the
citizenship of all parties, which will become the operative
complaint in this matter without reference to any other
document in the record.
 R. Doc. 25.
 R. Doc. 1 at ¶ 1.
 R. Doc. 25 at p. 1.
 R. Doc. 25 at ¶¶ 5-7, 11,
13, 14, ...