United States District Court, W.D. Louisiana, Alexandria Division
KAYLA J. GILES, Plaintiff
DELTA DEFENSE, L.L.C., et al., Defendants
SUA SPONTE JURISDICTIONAL BRIEFING ORDER
H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE
the Court is a Complaint filed by Plaintiff Kayla J. Giles
(“Giles”) (Doc. 1). Giles premises federal
jurisdiction on diversity of citizenship.
named Defendants are Delta Defense, L.L.C. and United
Specialty Insurance Company.
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) (internal
citation and quotation omitted). 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. 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. See Coury v. Prot, 85 F.3d 244, 248-49 (5th
Cir. 1996); see also Kinney v. Columbia Sav. & Loan
Association, 191 U.S. 78, 81 (1903).
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 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 International Paper Co. v. Denkmann
Associates, 116 F.3d 134, 135, 137 (5th Cir. 1997). The
citizenship of a limited liability company, a limited
partnership, or other unincorporated association or entity is
determined by the citizenship of all its members. See
Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1079-80
(5th Cir. 2008).
alleges that she is a citizen of Louisiana.
alleges Defendant Delta Defense, L.L.C. is organized and
operating under the laws Wisconsin. Plaintiff's
allegations as to Delta Defense, L.L.C.'s citizenship are
inadequate. Because Delta Defense, L.L.C. is purportedly a
limited liability company, Plaintiff must allege the
identities and citizenship of every member of Delta Defense,
alleges Defendant United Specialty Insurance Company is a
Delaware company that is authorized to do business in
Louisiana. Giles must determine the nature of United
Specialty Insurance Company's business entity and allege
its citizenship in accordance with the rules set forth above.
the existence of federal jurisdiction is in question.
Clerk of Court is DIRECTED to serve a copy of this order upon
any and all Defendants IMMEDIATELY upon receipt of proof of
service or an appearance.
ORDERED that, not later than 21 days from service of
this Order on Plaintiff Giles, Plaintiff SHALL FILE: (1) a
Jurisdictional Memorandum setting forth the citizenship of
all parties to this lawsuit; and (2) a motion under 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 Defendants' memoranda ...