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Menard v. Targa Resources LLC

United States District Court, M.D. Louisiana

January 29, 2019

KIRK MENARD
v.
TARGA RESOURCES LLC

          NOTICE AND ORDER

          ERIN WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE.

         Before the Court is a Notice of Removal filed by Defendant Targa Resources LLC (“Targa”).[1] Targa removed this matter, which involves Plaintiff Kirk Menard's (“Plaintiff”) termination from employment with Targa on October 11, 2018, from the Nineteenth Judicial District Court for the Parish of East Baton Rouge on January 28, 2019.[2] Targa asserts that this Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332.[3] The Notice of Removal makes the following allegations regarding the citizenship of the parties:

2. At the time of the filing of this Notice of Removal, plaintiff is a citizen of the State of Louisiana.
3. Targa Resources LLC (“Targa”) is a Delaware limited liability company. Targa is 100% owned by Targa Resources Investments Sub Inc., which is a Delaware Corporation.[4]

         Proper information regarding the citizenship of all parties is necessary to establish the Court's diversity jurisdiction, as well as to make the determination required under 28 U.S.C. § 1441 regarding whether the case was properly removed to this Court. In the Notice of Removal, citizenship has been adequately alleged as to Plaintiff, and the amount in controversy appears to be met.[5] However, citizenship has not been adequately alleged with respect to Targa in the Notice of Removal.

         As set forth above, the Notice of Removal asserts that Targa is a Delaware limited liability company.[6] For purposes of diversity, “the citizenship of a limited liability company is determined by the citizenship of all of its members.”[7] Thus, to properly allege the citizenship of a limited liability company, a party must identify each of the members of a 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.[8]

         Targa appears to allege that its only member is “Targa Resources Investments Sub Inc., ” (i.e., “Targa is 100% owned by Targa Resources Investments Sub Inc.”). Targa Resources Investments Sub Inc. is alleged to be “a Delaware corporation.”[9] However, for purposes of diversity, “A corporation is a citizen of its place of incorporation and its principal place of business.”[10] 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). Targa's citizenship allegation as to Targa Resources Investments Sub Inc. is deficient because it fails to clearly identify that entity's place of incorporation and principal place of business.

         Accordingly, IT IS HEREBY ORDERED that Defendant Targa Resources LLC shall have seven (7) days from the date of this Order to file a motion to substitute is Notice of Removal[11] with a proposed pleading that is a comprehensive amended Notice of Removal (i.e., includes all of Targa's numbered allegations, as revised, supplemented, and/or amended), which adequately alleges the citizenship of all parties to establish that the Court has diversity jurisdiction over the case and which will become the operative Notice of Removal in this matter without reference to any other document in the record.

---------

Notes:

[1] R. Doc. 1.

[2] R. Doc. 1, ¶¶ I, III-(C), VII and R. Doc. 1-2, ¶¶ 3-4.

[3] R. Doc. 1, ¶¶ III, VI.


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