United States District Court, W.D. Louisiana, Monroe Division
SUA SPONTE JURISDICTIONAL REVIEW BRIEFING
H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE
the Court is a Complaint removed from a Louisiana state court
by Defendant Wilshire Insurance Company (Doc. 1). The other
Defendants consented to removal (Doc. 1-9). Defendant
premises federal jurisdiction on diversity of citizenship.
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. See id. at
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. 1988). In cases removed from state
court, diversity of citizenship must exist both at the time
of filing in state court and at the time of removal to
federal court. Coury v. Prot, 85 F.3d 244, 249 (5th
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 to be 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 Systems, Inc. v. Mountain States/Rosen,
L.L.C., 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 a limited liability company
(“L.L.C.”), a limited partnership, or other
unincorporated association or entity is determined by the
citizenship of all its members. See Harvey, 542 F.3d
Insurance Company makes the following representations as to
the citizenship of all parties (Doc. 1):
Stacy and Amanda O'Neal, and their minor children, are
citizens of Louisiana.
Optimum Agriculture, L.L.C. is a limited liability company
that had one member, Agri Company, a corporation incorporated
in Arkansas with its principal place of business in Arkansas.
Therefore, Optimum Agriculture, L.L.C. is a resident of
Optimum Louisiana, L.L.C. was dissolved on August 5, 2016.
Before dissolution, its only member was Optimum Agriculture,
L.L.C., which is citizen of Arkansas (as set forth above).
Therefore, Optimum Louisiana, L.L.C. was a citizen of
Optimum Agriculture FL, L.L.C. is a limited liability company
whose only member is Gaston Marquevich, a citizen of
Argentina who is not a permanent resident of the United
States (Doc. 1-2). Therefore, Optimum Agriculture FL, L.L.C.
is a citizen of Argentina.
Southwind Milling Co., L.L.C. is a limited liability company
whose members are Gaston Marquevich and Alberto San Miguel,
citizens of Argentina who are not permanent residents of the
United States (Docs. 1-2, 1-3). Therefore, Southwind Milling
Co., L.L.C. is a citizen of Argentina.
Wilshire Insurance Company was incorporated in North Carolina
and has its principal place of business in North Carolina.
Therefore, it is a citizen of North Carolina.
Southern Insurance Company was incorporated in Texas and has
its principal place of business in Texas. ...