United States District Court, M.D. Louisiana
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE
take notice that the attached Magistrate Judge's Report
has been filed with the Clerk of the United States District
accordance with 28 U.S.C. § 636(b)(1), you have fourteen
(14) days after being served with the attached Report to file
written objections to the proposed findings of fact,
conclusions of law and recommendations therein. Failure to
file written objections to the proposed findings,
conclusions, and recommendations within 14 days after being
served will bar you, except upon grounds of plain error, from
attacking on appeal the unobjected-to proposed factual
findings and legal conclusions of the Magistrate Judge which
have been accepted by the District Court.
NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN
OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.
JUDGE'S REPORT AND RECOMMENDATION
matter is before the Court sua sponte.
9, 2019, the defendant Home Depot U.S.A., Inc. (“Home
Depot”) removed this action from the 20th Judicial
District Court, West Feliciana Parish, Louisiana. (R. Doc.
1). In support of its assertion that there is diversity
jurisdiction over this action pursuant to 28 U.S.C. §
1332, Home Depot states that Plaintiff is a citizen of
Louisiana, Home Depot is a citizen of Delaware and Georgia,
and Weber-Stephen Products, LLC (“Weber”) is a
citizen of Delaware and Illinois because it “is a
limited liability company formed under the laws of the State
of Delaware with a principal place of business in
Illinois.” (R. Doc. 1 at 3).
22, 2019, the Court issued a sua sponte order
pursuant to 28 U.S.C. § 1653 stating that Home Depot did
not correctly identify the citizenship of Weber's
members. (R. Doc. 4). The Court ordered Home Depot to
identify all of Weber's members for the purpose of
establishing that there is in fact complete diversity between
the parties by June 10, 2019. (R. Doc. 4 at 2).
30, 2019, Home Depot submitted a letter stating that it
“is unable to amend the notice of removal to provide
the citizenship of defendant, Weber-Stephen Products, LLC, by
setting forth all citizenship particulars required of each of
Weber-Stephens' members to sustain federal diversity
jurisdiction” as ordered by the Court. (R. Doc. 5).
28 U.S.C. § 1332(a), “district courts shall have
original jurisdiction of all civil actions where the matter
in controversy exceeds the sum or value of $75, 000. . . and
is between citizens of different States.” Diversity
jurisdiction exists only when there is “complete
diversity” between the parties. Harrison v.
Prather, 404 F.2d 267, 272 (5th Cir. 1968). “The
concept of complete diversity requires that all persons on
one side of the controversy be citizens of different states
than all persons on the other side.” Id.
(citing Strawbridge v. Curtiss, 7 U.S. 267 (1806)).
“The burden of pleading the diverse citizenship is upon
the party invoking federal jurisdiction; and if the diversity
jurisdiction is properly challenged, that party also bears
the burden of proof.” Mas v. Perry, 489 F.2d
1396, 1399 (5th Cir. 1974) (internal citations omitted).
citizenship of a limited liability company is determined by
the citizenship of each of its members, not the state under
whose laws it is organized, the location of its principal
place of business, or its authorization to do business in a
certain state. See Harvey v. Grey Wolf Drilling Co.,
542 F.3d 1077, 1080 (5th Cir. 2008). When members are
themselves limited liability companies, the citizenship must
be traced through however many layers of members there may
be. Turner Bros. Crane & Rigging, LLC v. Kingboard
Chem. Holding Ltd., No. 06-88, 2007 WL 2848154, at *4
(M.D. La. Sept. 24, 2007).
Depot has represented that it is unable to set forth the
foregoing citizenship particulars with respect to Weber.
Accordingly, Home Depot has not established that the Court
has diversity jurisdiction pursuant to 28 U.S.C. § 1332.
on the foregoing, IT IS RECOMMENDED that
this action be REMANDED to the 20th Judicial
District Court, West Feliciana Parish, Louisiana. It is
further recommended that the ...