United States District Court, M.D. Louisiana
NOTICE AND ORDER REGARDING MOTION FOR LEAVE TO FILE
COMPLAINT OF INTERVENTION
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE
the court is a Motion for Leave to File Complaint of
Intervention (the “Motion for Leave”),
filed by Turner Industries Group, LLC (“Turner”)
and Ace American Insurance Company (“Ace”)
(collectively, “Proposed Intervenors”).
Cedric Lee (“Plaintiff”), seeks damages for
injuries allegedly sustained in a September 20, 2017
accident. Per his First Amended and Supplemental Complaint
(“the “Complaint”), Plaintiff alleges he
was driving a boom lift and when crossing a speed bump,
“the lift, suddenly and without warning, jolted forward
with a burst of speed causing the boom supporting the man
basket to violently bounce and thereby launching Lee into the
air.” Plaintiff alleges that the accident
occurred while he was employed with Turner. Per his
Complaint, Plaintiff names United Rentals (North America),
Inc.; United Rentals, Inc.; and JLG Industries, Inc., as
defendants, and asserts that this Court has federal subject
matter jurisdiction pursuant to 28 U.S.C. §
February 19, 2019, Turner and Ace moved to intervene in these
proceedings. Proposed Intervenors aver that their
counsel “has advised counsel for all parties that he
intends to intervene in the instant matter and that no party
has objected to the filing and granting of the Motion for
Leave to File Complaint of Intervention.” Per their
proposed Complaint of Intervention, Proposed Intervenors
allege that Plaintiff was in the course and scope of his
employment with Turner at the time of the accident, and that
as of January 2019, Proposed Intervenors “have paid to,
or on behalf of, Cedric Lee, the approximate sum of $71,
450.01 in indemnity and medical expenses under the Louisiana
Worker's Compensation Act.” Proposed Intervenors
therefore assert that they are entitled to reimbursement of
amounts paid or amounts that will be paid on Plaintiff's
is no information in the Motion for Leave or in the Proposed
Pleading regarding the citizenship of either Turner or Ace.
Because subject matter jurisdiction is premised on 28 U.S.C.
§ 1332, the undersigned must consider whether allowing
the Proposed Intervenors to intervene “would be
inconsistent with the jurisdictional requirements of section
1332.” 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.” Here, assuming Ace is a corporation,
Proposed Intervenors must allege Ace's principal place of
business and state of incorporation. The citizenship of a
limited liability company or other unincorporated association
is determined by considering the citizenship of all its
members. Thus, to properly allege the citizenship
of a limited liability company (such as Turner), a party 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
IS HEREBY ORDERED that Turner Industries Group, LLC
(“Turner”) and Ace American Insurance Company
(“Ace”) shall file a Motion to Substitute the
proposed Complaint of Intervention (R. Doc. 20-3) with a
proposed pleading that adequately sets forth the citizenship
particulars for Turner and Ace. Turner and Ace shall have
seven (7) days from the date of this Notice and Order to file
the Motion to Substitute. No. leave of court is necessary to
file the Motion to Substitute.
in Baton Rouge, Louisiana,
 R. Doc. 20.
 R. Doc. 19, ¶ 6.
 Per the Complaint, Plaintiff alleges
that he is domiciled in Louisiana. R. Doc. 19, ¶ 2.
Plaintiff alleges that both United Rentals (North America),
Inc. and United Rentals, Inc. are Connecticut corporations
with their principal places of business in Delaware and that
JLG Industries, Inc. is a Pennsylvania corporation with its
principal place of business in Pennsylvania. R. Doc. 19,
 R. Doc. 20.
 R. Doc. 20-2.