United States District Court, W.D. Louisiana, Alexandria Division
SUA SPONTE JURISDICTIONAL BRIEFING ORDER
H.L. PEREZ-MONTES, UNITED STATES MAGISTRATE JUDGE
the Court is a Complaint filed by Plaintiff Southern General
Agency, Inc. against Defendants Triton Claim Management,
L.L.C., Fleming & Hall of Florida, L.L.C., and Fleming
& Hall, Ltd. Plaintiff premises federal jurisdiction on
diversity of citizenship.
Court has “an independent obligation to determine
whether subject-matter jurisdiction exists, even in the
absence of a challenge from any party.” Arbaugh v.
Y&H Corp., 546 U.S. 500, 514 (2006). This duty
persists throughout all phases of the litigation, “even
after trial and the entry of final judgment.”
Id. at 506-07.
diversity statute - 28 U.S.C. § 1332 - is satisfied upon
a showing of: (1) diversity of citizenship between the
parties; and (2) an amount in controversy in excess of $75,
000, exclusive of interest and costs. “Complete
diversity requires that all persons on one side of the
controversy be citizens of different states than all persons
on the other side.” Harvey v. Grey Wolf Drilling
Co., 542 F.3d 1077, 1079 (5th Cir. 2008). Further,
“when jurisdiction depends on citizenship, citizenship
must be distinctly and affirmatively alleged.”
Getty Oil Corp., a Div. of Texaco, Inc. v. Ins. Co. of N.
Am., 841 F.2d 1254, 1259 (5th Cir. 1988). Diversity of
citizenship must exist at the time the action is commenced.
See Coury v. Prot, 85 F.3d 244, 248-49 (5th Cir.
corporation is deemed to be a citizen of every State and
foreign state by which it has been incorporated, and of the
State or foreign state where it has its principal place of
business. See Tewari De-Ox Systems, Inc. v. Mountain
States/Rosen, L.L.C., 757 F.3d 481, 483 (5th Cir. 2014).
The citizenship of a general partnership depends on that of
all partners. See Int'l Paper Co. v. Denkmann
Associates, 116 F.3d 134, 135, 137 (5th Cir. 1997). The
citizenship of a limited liability company
(“L.L.C.”), a limited partnership, or other
unincorporated association or entity is determined by the
citizenship of all its members. See Harvey, 542 F.3d
Southern General Agency, Inc. alleges that it is
“domiciled in Rapides Parish” in Louisiana.
Plaintiff failed to allege the state in which it is
incorporated and the state in which it has its principal
place of business.
further alleges that Triton Claim Management, L.L.C.
“is a Georgia corporation” with its principal
place of business in Georgia; and Fleming & Hall of
Florida, L.L.C. “is a Florida corporation” with
its principal place of business in Florida. However, since
both Triton Claim Management, L.L.C. and Fleming & Hall
of Florida, L.L.C. are purportedly limited liability
companies, and not corporations, their citizenship is
determined by the citizenship of all their members. Plaintiff
failed to allege the names and citizenships of each
further contends that Fleming & Hall, Ltd. “is a
Georgia corporation” with its principal place of
business in Georgia. However, the Georgia Secretary of State,
https://sos.ga.gov/, shows Fleming & Hall, Ltd. is a
foreign corporation. The Court cannot determine the
citizenship of Fleming & Hall, Ltd. from the pleadings.
the existence of federal jurisdiction is in question.
Clerk of Court is DIRECTED to serve a copy of this order (and
Plaintiffs Jurisdictional Memorandum if filed) upon all
Defendants IMMEDIATELY upon receipt of proof of service or an
ORDERED that, not later than 21 days from service of
this Order on Plaintiff Southern General Agency, Inc.,
Plaintiff SHALL FILE: (1) a Jurisdictional Memorandum setting
forth the nature of each business entity, its members (where
applicable), and the citizenship of the entity and/or its
members; and (2) a motion for leave to amend the
jurisdictional allegations of the Complaint to adequately
allege diversity jurisdiction.
FURTHER ORDERED that all Defendants will be allowed seven
days from receipt of Plaintiffs ...