United States District Court, M.D. Louisiana
JOHN H. DYER, JR.
C. R. BARD INC., ET AL.
NOTICE AND ORDER
WILDER-DOOMES, UNITED STATES MAGISTRATE JUDGE
a civil action involving claims for damages asserted by John
H. Dyer, Jr. (“Plaintiff”) based upon the
injuries he allegedly sustained in connection with an
inferior vena cava filter manufactured by Defendants C.R.
Bard Incorporated (“C.R. Bard”) and Bard
Peripheral Vascular, Inc. (“BPV”) (collectively,
“Defendants”). On April 1, 2018, Plaintiff filed his
“Amended Master Short Form Complaint for Damages,
” (“Short Form Complaint”) in the
Multi-District Litigation (“MDL”) pending in the
U.S. District Court for the District of
Arizona. The case was transferred to this Court on
September 9, 2019.
information regarding the citizenship of all parties, and the
amount in controversy, is necessary to establish the
Court's diversity jurisdiction under 28 U.S.C. §
1332. The Short Form Complaint alleges that the Court's
basis of jurisdiction is diversity of citizenship and
references and incorporates the “Master Complaint for
Damages in MDL 2641” (“Master Complaint”),
filed on the docket of the MDL. The Master Complaint reflects
that Defendant C.R. Bard is a corporation organized under
Delaware law with a principal place of business in New
Jersey and Defendant BPV is a “wholly-owned
corporation of Defendant C.R. Bard” with its principal
place of business in Arizona and “is domiciled”
in that district. Furthermore, the Master Complaint asserts
that “the amount in controversy for each action exceeds
seventy-give thousand dollars  excluding interest and
costs….” Accordingly, the citizenship of Defendants
is adequately pled, and the amount in controversy appears to
be met. However, Plaintiff's citizenship is unclear. The
Short Form Complaint only alleges Plaintiff's residence,
the Civil Cover Sheet states that Plaintiff is “Citizen
of Another State, ” neither of which is sufficient to
establish citizenship. “For diversity purposes,
citizenship means domicile; mere residence in the State is
not sufficient.”Furthermore, “[f]or adults,
domicile is established by physical presence in a place in
connection with a certain state of mind concerning one's
intent to remain there.” Thus, to properly allege the
citizenship of an individual, a party must identify the
individual's domicile. As Plaintiff's citizenship is
not clear, the Court sua sponte raises the issue of
whether it may exercise diversity jurisdiction in this
IS HEREBY ORDERED that on or before
September 25, 2019, Plaintiff James H. Dyer, Jr.
shall file an Amended Complaint that contains all of
Plaintiff's numbered allegations as revised,
supplemented, and/or amended, without reference to any other
document in the record, and that adequately alleges the
citizenship of Plaintiff James H. Dyer, Jr.
case will be allowed to proceed if jurisdiction is adequately
 R. Doc. 1.
 No. MD-15-02641-PHX-DGC, R. Doc.
 R. Docs. 1, 4-5.
 R. Doc. 1, introductory paragraph and
p. 2, ¶ 9.
 MDL, R. Doc. 364, p. 4.
 MDL, R. Doc. 364, pp. 4, 6.
 MDL, R. Doc. 364, p. 6, ¶