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Williamson v. Aramark Schools Facilities, LLC

United States District Court, M.D. Louisiana

September 5, 2017

ELLEN WILLIAMSON
v.
ARAMARK SCHOOLS FACILITIES, LLC

          ORDER

          ERIN WILDER-DOOMES, UNITED STATES MAGISTRATE JUDGE

         Before the Court is East Baton Rouge Parish School Board's Motion for Leave to File Complaint of Intervention.[1] On January 19, 2016, plaintiff Ellen Williamson filed a Petition for Damages in state court against Aramark Schools Facilities, LLC and Bridget Jones seeking damages for an alleged slip-and-fall.[2] On February 24, 2016, Aramark Management Services, LP, alleging that it was erroneously named Aramark Schools Facilities, LLC in the Petition, removed the matter to this Court on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332.[3]

         In the proposed Complaint of Intervention, East Baton Rouge Parish School Board (“EBRPSB”) makes the following allegations regarding the citizenship of the parties:

1.
The East Baton Rouge Parish School Board is a political subdivision of the State of Louisiana.
2.
Made defendants-in-intervention herein are as follows:
1. ELLEN WILLIAMSON, a person of the full age of majority and a resident of the Parish of East Baton Rouge, State of Louisiana;
2. ARAMARK SCHOOLS FACILITIES, LLC, a foreign limited liability company, authorized to do and doing business in the State of Louisiana;
3. ARAMARK MANAGEMENT SERVICES, LP, a Delaware limited partnership of which general partner is ARAMARK SMMS, LLC, a Delaware limited liability company with its principal place of business in Pennsylvania and the sole limited partner, ARAMARK SERVICES, INC., a Delaware corporation with its principal place of business in Pennsylvania; all of which are authorized to do and doing business in the State of Louisiana (hereinafter “ARAMARK”);
4. SOJI SERVICES, INC. D/B/A METROCLEAN, A Texas corporation with its principal place of business in Texas; and
5. BRIDGET JONES, a person of full age of majority who is believed to be domiciled in the Parish of East Baton Rouge, State of Louisiana.[4]

         Proper information regarding citizenship of all parties is necessary to determine whether EBRPSB's intervention will destroy the Court's subject matter jurisdiction under 28 U.S.C. § 1332. In the proposed Complaint of Intervention, citizenship has not been adequately alleged. While the citizenship of Soji Services, Inc. d/b/a Metroclean and Bridget Jones has been adequately alleged, [5] citizenship has not been properly alleged with respect to the remaining parties in this litigation. As an initial matter, there is no allegation as to EBRPSB's citizenship or whether it seeks leave to intervene as a plaintiff or a defendant in this matter. With respect to plaintiff Ellen Williamson, the Fifth Circuit has explained that, “For diversity purposes, citizenship means domicile; mere residence in the State is not sufficient.” Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974) (citations omitted).

         Further, with respect to Aramark Schools Facilities, LLC, the Fifth Circuit has held that for purposes of diversity, the citizenship of a limited liability company is determined by considering the citizenship of all its members. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). Thus, to properly allege the citizenship of a limited liability company, a party must identify each of the members of a limited liability company, and the citizenship of each member in accordance with the requirements of 28 U.S.C. § 1332(a) and (c). The same requirement applies to any member of a limited liability company which is also a limited liability company. See, Turner Bros. Crane and Rigging, LLC v. Kingboard Chemical Holding Ltd., 2007 WL 2848154, at *4 (M.D. La. Sept. 24, 2007) (“when partners or members are themselves ...


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