United States District Court, M.D. Louisiana
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE.
the Court is an Unopposed Ex Parte Motion for Leave, filed by
plaintiff VMK Enterprise (“VMK”). The proposed
Second Amended Complaint,  however, fails to properly allege the
citizenship of the parties. The proposed Second Amended
Complaint contains the following allegations regarding
The Second Amended Complaint of VMK Enterprise, a Louisiana
Partnership (composed of partners Vickey Lott, Kim
Hutchinson, Monica Harrison, all residents and citizens of
Louisiana) domiciled in Livingston Parish Louisiana,
1. Made defendants are:
Weyerhaeuser Company, a foreign business
corporation domiciled in the State of Washington, having its
principal place of business in Louisiana in Baton Rouge,
Larry Johnson Trucking, LLC, a Mississippi
Limited Liability Company, with its principal place of
business in McComb, Mississippi.
Larry Johnson, a person of the age of
majority domiciled in the State of Mississippi.
the original Complaint filed in this Court alleged subject
matter jurisdiction based upon diversity jurisdiction under
28 U.S.C. § 1332,  proper information regarding the
citizenship of all parties is necessary to establish the
Court's diversity jurisdiction. In the proposed Second
Amended Complaint, citizenship has not been adequately
alleged. Although the citizenship of VMK and Larry Johnson
has been adequately alleged,  the citizenship of Weyerhaeuser
Company and Larry Johnson Trucking, LLC has not been
adequately alleged. With respect to Weyerhaeuser Company,
which is alleged to be a corporation, the Fifth Circuit has
held that, “For diversity jurisdiction purposes, a
corporation is a citizen of the state in which it was
incorporated and the state in which it has its principal
place of business.” Getty Oil, Div. of Texaco v.
Ins. Co. of North America, 841 F.2d 1254, 1259 (5th Cir.
1988) (citing 28 U.S.C. § 1332(c)). 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. § 1332(c).
respect to Larry Johnson Trucking, 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 the
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., Civ. A. No.
06-88-A, 2007 WL 2848154, at *4 (M.D. La. Sept. 24, 2007)
(“when partners or members are themselves entities or
associations, the citizenship must be traced through however
many layers of members or partners there may be, and failure
to do [so] can result in dismissal for want of
jurisdiction.”) (citations omitted).
IT IS HEREBY ORDERED that VMK Enterprise
shall have seven (7) days from the date of this Order to file
a Motion to Substitute the proposed Second Amended
Complaint with a proposed pleading that is a
comprehensive complaint (i.e., it may not refer back
to or rely on any previous pleading) that includes all of
Plaintiff's numbered allegations, as revised,
supplemented, and/or amended and which adequately alleges the
citizenship of the parties, which will become the operative
complaint in this matter without reference to any other
document in the record.
 R. Doc. 36.
 R. Doc. 36-2.