United States District Court, W.D. Louisiana, Alexandria Division
SUA SPONTE JURISDICTIONAL REVIEW BRIEFING
H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE
the Court is a Complaint removed from a Louisiana state court
by Defendants Travelers Indemnity Co. of Connecticut and
Brookshire Grocery Co. (Doc. 1). Defendants premise 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. See id. at
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). In cases
removed from state court, diversity of citizenship must exist
both at the time of filing in state court and at the time of
removal to federal court. Coury v. Prot, 85 F.3d
244, 249 (5th Cir. 1996).
citizenship of an individual is his or her domicile, meaning
the place where an individual resides and intends to remain.
See Acridge v. Evangelical Lutheran Good Samaritan
Soc., 334 F.3d 444, 448 (5th Cir. 2003). A corporation
shall be deemed to be a citizen of every State and foreign
state by which it has been incorporated and of the single
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);
Guerrero v. State Farm Mut. Auto. Ins. Co., 181 F.3d
97, *2 (1999). 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
citizenships of all its members. See Harvey, 542
F.3d at 1079-80.
allege that Plaintiff Gerry Sexton is a citizen of Louisiana.
further allege that Travelers Indemnity Company of
Connecticut is “a foreign insurer” authorized to
do and doing business in Louisiana. Defendants did not allege
the nature of Travelers's business entity or its
allege Brookshire Grocery Co. is Texas corporation with its
principal place of business in Texas.
allege M-MC Produce, L.L.C. is “a foreign limited
liability company not authorized to do business in Louisiana
with its principal place of business in the State of
Texas.” Since M-MC Produce is a limited liability
company, to establish its citizenship, Defendants must allege
the name and citizenship of each of its members.
of citizenship at the time of removal is not clear from the
pleadings. Therefore, the existence of federal jurisdiction
is in question.
Clerk of Court is DIRECTED to serve a copy of this order upon
all Defendants IMMEDIATELY upon receipt of proof of service
or an appearance.
ORDERED that, no later than 21 days
from service of this Order, Defendants Travelers Indemnity
Company of Connecticut and Brookshire Grocery Co. shall file:
(1) a Jurisdictional Memorandum stating whether Travelers
Indemnity Company of Connecticut is incorporated; (2) if
incorporated, the state where Travelers Indemnity Company of
Connecticut is incorporated and has its principal place of
business; (3) the nature of the legal entity for Travelers
Indemnity Company of Connecticut if it is not incorporated;
(4) if not incorporated, the identities of every partner or
member of Travelers Indemnity Company of Connecticut and the
states of which they are citizens; (5) the identities of
every member of M-MC Produce, L.L.C. and the states of which
they are citizens; and (6) a motion for leave to amend the
jurisdictional allegations of the Notice of Removal to
adequately allege diversity jurisdiction.
FURTHER ORDERED that Plaintiff will be allowed 7
days from receipt of Defendants' juris