United States District Court, W.D. Louisiana, Alexandria Division
SUA SPONTE JURISDICTIONAL BRIEFING ORDER
H.L. Perez-Montes United States Magistrate Judge.
the Court is a Complaint filed by Plaintiff Biosonix, LLC
(“Biosonix”) premising federal jurisdiction upon
diversity of citizenship (Doc. 1). “[S]ubject-matter
jurisdiction, because it involves a court's power to hear
a case, can never be forfeited or waived.” Arbaugh
v. Y&H Corp., 546 U.S. 500, 514 (2006) (citing
Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583
(1999)). The Court has “an independent obligation to
determine whether subject-matter jurisdiction exists, even in
the absence of a challenge from any party.”
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) (citing
Harrison v. Prather, 404 F.2d 267, 272 (5th Cir.
1968)) (internal citation and quotation omitted).
“[W]hen jurisdiction depends on citizenship,
citizenship must be distinctly and a
firmatively alleged.” Getty
Oil Corp., a Div. of Texaco, Inc. v. Ins. Co. of N. Am.,
841 F.2d 1254, 1259 (5th Cir. 1988) (internal quotation
omitted) (See also Mullins v. Testamerica, Inc.,
2008 WL 4888576 (5th Cir. 2008)(per curiam). The party
invoking subject matter jurisdiction in federal court has the
burden of establishing the Court's jurisdiction. St.
Paul Reinsurance Co., Ltd. v. Greenberg, 134 F.3d 1250,
1253-54 (5th Cir. 1998). In this case, Biosonix bears that
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). “[T]he
citizenship of a partnership is determined by reference to
the citizenship of each of its 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 at 1079-80.
alleges Defendant Sports Design and Development, Inc.
(“SDD”) is a corporation formed under the laws of
the State of Louisiana and having its principal place of
business in Alexandria, Louisiana. (Doc. 1). SDD is citizen
alleges Defendants Wesley Higgins and Marcia Olson are
citizens of Louisiana. (Doc. 1).
alleges it is a foreign corporation formed under the laws of
the State of Delaware and that its principal place of
business is in Texas. (Doc. 1). Biosonix further alleges it
is a foreign LLC owned by William H. Lewis
(“Lewis”). (Doc. 1). However, while the state of
incorporation and principal place of business are sufficient
jurisdictional facts to establish a corporation's
citizenship, Biosonix is an LLC. (Doc. 1). The Fifth Circuit
has held that the citizenship of an LLC “is determined
by the citizenship of all its members.”
Harvey, 542 F.3d at 1079-80. However, Biosonix's
Complaint does not allege facts regarding the citizenship of
all of the members of Biosonix. (Doc. 1). The citizenship of
Biosonix is not clear from the pleadings.
Court cannot determine from the pleadings whether the parties
are diverse in citizenship. Therefore, the existence of
federal jurisdiction is in question.
The Clerk of Court is DIRECTED to serve a copy of this order
upon Defendants, Sports Design and Development, Inc., Wesley
Higgins, and Marcia Olson, IMMEDIATELY upon receipt of proof
of service or an appearance.
ORDERED that, not later than twenty-one (21) days from
service of this Order, Plaintiff Biosonix, LLC SHALL FILE:
(1) a Jurisdictional Memorandum setting forth specific facts
to establish the citizenship of all of the members of
Biosonix, LLC, that supports a finding that the parties are
diverse in citizenship; and (2) a motion for leave to amend
the jurisdictional allegations of the Complaint pursuant to
28 U.S.C. § 1653 to adequately allege diversity
FURTHER ORDERED that Defendants, Sports Design and
Development, Inc., Wesley Higgins, and Marcia Olson, will be
allowed seven (7) days from receipt of Biosonix's