United States District Court, M.D. Louisiana
NOTICE AND ORDER
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE
Jesse Parault, IV (“Plaintiff”), filed a Petition
for Damages (the “Petition”) in state court on
May 3, 2018 seeking to recover damages for injuries allegedly
sustained in a May 23, 2017 automobile accident. Per the
Petition, Plaintiff names the following defendants: (1) The
Insurance Company of the State of Pennsylvania; (2) Chimovi
Ogbundiogu (“Ogbundiogu”); and (3) Connect One
Cabling, LLC (“Connect One”).
November 30, 2018, The Insurance Company of the State of
Pennsylvania (the “Removing Defendant”) 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
Removing Defendant's allegations regarding the
citizenship of Plaintiff and certain defendants in this
action are insufficient.
although Connect One has been named as a defendant, there are
no allegations regarding Connect One's citizenship in the
Notice of Removal. To allege the citizenship of Connect One,
the Removing Defendant must identify each of the members of
the limited liability company and the citizenship of each
member in accordance with the requirements of § 1332(a)
and (c). The same requirement applies to any member
of a limited liability company which is also a limited
as to Plaintiff and the individual defendant, Ogbundiogu, the
Notice of Removal only alleges these individuals'
residency. However, “[f]or diversity purposes,
citizenship means domicile, mere residence in the State is
not sufficient.” Further, although the Notice of Removal
does not adequately allege the citizenship of Plaintiff or
Ogbundiogu, based on the allegations therein, it appears that
complete diversity between the parties to this action may not
exist. To the extent the Removing Defendant's
position is that the citizenship of an unserved defendant can
be disregarded, the Fifth Circuit has held that
“non-diverse citizenship cannot be ignored simply
because [the defendant is] an unserved
defendant.” “A non-resident defendant cannot
remove an action if the citizenship of any co-defendant,
joined by the plaintiff in good faith, destroys complete
diversity, regardless of service or non-service upon the
co-defendant. Whenever federal jurisdiction in a removal case
depends upon complete diversity, the existence of diversity
is determined from the fact of citizenship of the parties
named and not from the fact of service.”
IT IS HEREBY ORDERED that The Insurance
Company of the State of Pennsylvania shall file, within seven
(7) days of this Notice and Order either: (1) a Motion to
Substitute the Notice of Removal with a comprehensive Amended
Notice of Removal that adequately alleges the citizenship of
Plaintiff, Chimovi Ogbundiogu, and Connect One Cabling, LLC;
or (2) a Motion to Withdraw its Notice of Removal and remand
the case. No. further leave of court shall be required to
timely file the Motion to Substitute.
 R. Doc. 1-2.
 R. Doc. 1.
 With respect to the Removing
Defendant, the Notice of Removal provides that The Insurance
Company of the State of Pennsylvania is incorporated in the
State of Illinois with its principal place of business in New
York. This is sufficient to allege the citizenship of The
Insurance Company of the State of Pennsylvania. Getty
Oil, Div. of Texaco v. Ins. Co. of North America, 841
F.2d 1254, 1259 (5th Cir. 1988) (In diversity cases involving
corporations, “allegations of citizenship must set
forth the state of incorporation as well as the principal
place of business of each corporation.”).
 See, Harvey v. Grey Wolf
Drilling Co., 542 F.3d 1077, 1080 (5th Cir.
 See, Turner Bros. Crane
and Rigging, LLC v. Kingboard Chemical Holding Ltd.,
Civil Action No. 06-88, 2007 WL 2848154, at *4-5 (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 [sic] can result in dismissal
for want of jurisdiction.”) (quotation and citation
 The Removing Defendant alleges that
Plaintiff “is a resident of the Parish of East Baton
Rouge, State of Louisiana” and that Chimovi Ogbundiogu
“is alleged to be a citizen of Louisiana” based
on citation to the Petition. R. Doc. 1, ¶¶ 10-11.
In the Petition, Chimovi Ogbundiogu is alleged to be a
“resident of the State of ...