United States District Court, M.D. Louisiana
PASCUAL HERNANDEZ, ET AL.
WESTERN CONCRETE PUMPING, INC., ET AL.
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE.
the Court is an Unopposed Motion for Leave to Intervene,
filed by Louisiana Workers' Compensation Corporation
(“LWCC”). On October 3, 2017, Pascual Hernandez and
Sarah Seruntine, on behalf of their minor children, KH, EH
and JH,  filed a Complaint in this Court against
Western Concrete Pumping, Inc. (“Western”) and
Concord International, Ltd.
(“Concord”). The Complaint alleges that on or about
September 8, 2017, Hernandez was injured as a result of the
collapse of a concrete pumping truck manufactured by Concord
and operated by Cyril Shelmire (“Shelmire”) on
behalf of Western. Plaintiffs seek damages for the injuries
allegedly incurred by Hernandez, asserting that this Court
has diversity jurisdiction over the matter pursuant to 28
U.S.C. § 1332.
proposed Complaint in Intervention of Louisiana Workers'
Compensation Corporation, contains the following allegations
regarding the citizenship of the parties:
NOW INTO COURT, through undersigned counsel,
comes Louisiana Workers' Compensation Corporation (LWCC),
a Louisiana corporation authorized to do and doing business
in the State of Louisiana, appearing as Intervenor in the
above entitled and captioned cause . . . .
information regarding citizenship of all parties is necessary
to determine whether LWCC'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. As an initial
matter, the proposed Complaint of Intervention contains no
allegations regarding the citizenship of the existing parties
to this litigation, including Pascual Hernandez, Sarah
Seruntine, as tutrix for and on behalf of the minor children,
KDH, ELH, JCH and JaH,  and Western Concrete Pumping,
Additionally, the proposed Complaint of Intervention fails to
properly allege the citizenship of LWCC, alleging only that
LWCC is “a Louisiana corporation authorized to do and
doing business in the State of
Louisiana.” 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).
IT IS HEREBY ORDERED that LWCC shall have
seven (7) days from the date of this Order to file a Motion
to Substitute the proposed Complaint in Intervention of
Louisiana Workers' Compensation Corporation with a
proposed pleading that is a comprehensive complaint of
intervention that includes all of LWCC's numbered
allegations, as revised, supplemented, and/or amended, and
adequately alleges the citizenship of all parties, which will
become the operative complaint of intervention in this
matter. LWCC shall also specify whether it is seeking leave
to intervene as a plaintiff or a defendant in this matter and
whether intervention is sought pursuant to Fed.R.Civ.P. 24(a)
 R. Doc. 19.
 According to the original Complaint,
Seruntine is the biological mother and Hernandez is the
biological father of the three minor children. R. Doc. 1 at
¶ 4. The Complaint also asserts that, “Ms.
Seruntine is the legal tutor of [the minor children] and
joins this matter on behalf of [the minor children], all of
whom are minors.” Id.
 R. Doc. 1. On October 16, Hernandez
filed an Amended Complaint naming only himself as a plaintiff
and naming Western as the sole defendant. See, R.
 R. Doc. 1 at ¶¶ 6, 33, 59,
 R. Doc. 1 at ¶ 2.
 R. Doc. 19-2 at Introductory