United States District Court, M.D. Louisiana
NOTICE AND ORDER
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE
Justin Gates and Kyle Patrick (“Plaintiffs”),
filed a Petition for Damages (the “Petition”) in
state court for damages allegedly arising out of injuries
Plaintiffs sustained in an August 4, 2017 automobile
accident. Plaintiffs named Osniel Menendez
(“Menendez”), M&Y Interstate Logistics, Inc.
(“M&Y”) and Lancer Insurance Company
(“Lancer”) as defendants. On October 9, 2018,
Lancer filed a Notice of Removal pursuant to 28 U.S.C. §
1332 based on the assertion that the amount in controversy
exceeds $75, 000, exclusive of interest and costs, and the
parties are completely diverse. For the reasons set forth herein,
the Notice of Removal fails to adequately allege the
citizenship of Lancer.
respect to its own citizenship, Lancer alleges only that it
“is a foreign insurer.”Lancer does not specify
whether it is a corporation or unincorporated
association. If Lancer is a corporation, both its state
of incorporation and principal place of business must be
alleged. If, alternatively, Lancer is an
unincorporated association, its citizenship is determined by
considering the citizenship of all its members. Thus, to properly
allege the citizenship of a limited liability company or
similar association, Lancer must identify each of the members
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 an unincorporated
association which is also an unincorporated
association. Lancer's allegation regarding its own
citizenship is insufficient because Lancer fails to allege
either (1) the state of incorporation and principal place of
business of the entity (if Lancer is a corporation); or (2)
the citizenship of each member (if Lancer is an
IT IS HEREBY ORDERED that Lancer Insurance
Company shall file a Motion to Substitute the Notice of
Removal with a comprehensive Notice of Removal that
adequately alleges its own citizenship. Lancer Insurance
Company shall have seven (7) days from this Notice and Order
to file the Motion to Substitute. No further leave of court
is required to file the Motion to Substitute.
 R. Doc. 1. With respect to the amount
in controversy, Lancer asserts in the Notice of Removal that
“[i]n response to the Request for Admissions,
plaintiffs admitted that greater than $75, 000.00 was in
controversy in this matter.” R. Doc. 1, ¶ 8.
See also, R. Doc. 1-5.
 Lancer alleges that “plaintiff,
Justin Gates, is domiciled in the Parish of East Baton Rouge,
State of Louisiana, and plaintiff, Kyle Patrick, is domiciled
in the Parish of Ascension, State of Louisiana.” R.
Doc. 1, ¶ 6. Lancer alleges that Menendez “is
domiciled in the State of Florida.” R. Doc. 1, ¶
7. These allegations are sufficient with respect to the
individual parties. See, Mas v. Perry, 489
F.2d 1396, 1399 (5th Cir. 1974) (“For diversity
purposes, citizenship means domicile, mere residence in the
State is not sufficient.”). Lancer alleges that M&Y
“is a foreign corporation with its principal place of
business and domicile in the State of Florida.” R. Doc.
1, ¶ 7. To support this allegation, Lancer attaches a
print-out from Florida's Division of Corporations, which
characterizes as a Florida profit corporation. R. Doc. 1-4.
The print-out also lists a principal address for M&Y in
 R. Doc. 1, ¶ 7.
 The documents attached to the Notice
of Removal indicate that Lancer is a corporation.
See, R. Doc. 1-3.
 Getty Oil, 841 F.2d at
 See, Harvey v. Grey Wolf
Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008); 13F
Fed. Prac. & Proc. Juris § 3630.1 (3d ed.)
(“whenever a partnership, a limited partnership, a
joint venture, a joint stock company, a labor union, a
religious or charitable organization, a governing board of an
unincorporated institution, or a similar association brings
suit or is sued in a federal court, the actual citizenship of
each of the unincorporated association's members must be
considered in determining whether diversity jurisdiction
exists.”) (internal citations omitted).
See, Turner Bros. Crane and
Rigging, LLC v. Kingboard Chemical Holding Ltd., Civil
Action No. 06-88, 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] ...