United States District Court, E.D. Louisiana
ORDER & REASONS
E. FALLON U.S. DISTRICT COURT JUDGE
the Court is Plaintiff's motion to remand. R. Doc. 41.
The motion is unopposed. Having reviewed Plaintiff's
memorandum and the applicable law, the Court issues this
Order & Reasons.
claim arises out of a motor vehicle accident that allegedly
occurred on July 14, 2018. R. Doc. 1. Plaintiff originally
filed suit in state court, bringing claims resulting from
separate automobile accidents that occurred on July 14, 2018
and July 21, 2018. R. Doc. 1-1. Defendants' timely
removed the action this Court and filed a motion to
sever. The Court granted the motion, finding that
severance was warranted because the claims arose from
separate transactions, involved separate facts, witnesses,
and documentary proof, and because prejudice would be avoided
by trying the cases separately. R. Doc. 30 at 4-7. The Court
ordered Plaintiff to file amended complaints with respect to
the claims arising from each independent accident and
retained jurisdiction over the claims arising from the July
14, 2018 accident. R. Doc. 31.
first amended complaint, Plaintiff Thomas Davis alleges that
on July 14, 2018, he was driving on the 910 block of
Iberville Street when “[w]ithout warning, a vehicle
driven by an unknown valet employee of the Parking Management
Service, Inc. failed to yield to the right of way and struck
the rear passenger side of [Plaintiff]'s vehicle, causing
injuries and damages.” R. Doc. 35 at 2. Plaintiff
alleges that the unknown employee was acting within the scope
and course of his employment at the time of the incident, and
that his employer, Parking Management Services, Inc., is
therefore vicariously liable for its employee's
negligence. R. Doc. 35 at 3.
on these allegations, Mr. Davis brings suit against
Defendants Courtyard Management Corporation, Marriott
International, Inc., an unknown valet employee of Parking
Management Service, Inc., and Parking Management Services,
Inc., seeking damages for past, present, and future physical
pain and suffering, mental anguish, medical expenses, lost
wages and earning capacity, property damage, loss of use of
vehicle, and rental car expenses. R. Doc. 1-1 at 4.
Courtyard Management Corporation, Marriott International,
Inc., and Parking Management Services, Inc., timely answered
the first amended complaint, generally denying the
allegations therein. R. Doc. 47. Defendants also assert
several affirmative defenses including comparative negligence
of Plaintiff, prescription, superseding and intervening
causes, and failure to mitigate damages. R. Doc. 47 at 5-8.
before the Court is Plaintiff's Motion to Remand. R. Doc.
41. Plaintiff argues that this Court lacks subject matter
jurisdiction over the dispute because the joinder of
Defendant Parking Management Services, Inc., a corporation
domiciled in Louisiana, destroys complete diversity. R. Doc.
41 at 4. The motion is unopposed.
LAW & ANALYSIS
courts are courts of limited jurisdiction. They possess only
that power authorized by the Constitution and statute, which
is not to be expanded by judicial decree.” Kokkonen
v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377
(1994) (citations omitted). Parties “may neither
consent to nor waive federal subject matter
jurisdiction.” Simon v. Wal-Mart Stores, Inc.,
193 F.3d 848, 850 (5th Cir. 1999). Accordingly, “[a]
case is properly dismissed for lack of subject matter
jurisdiction when the court lacks the statutory or
constitutional power to adjudicate the case.” Home
Builders Ass'n of Miss., Inc. v. City of Madison,
143 F.3d 1006, 1010 (5th Cir. 1998).
matter jurisdiction arising under § 1332 requires
complete diversity of citizenship. Stiftung v. Plains
Mktg., L.P., 603 F.3d 295, 297 (5th Cir. 2010).
“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.”
McClaughlin v. Miss. Power Co., 376 F.3d 344, 353
(5th Cir. 2004) (internal quotation marks and citations
omitted). Determination of the citizenship of juridical
persons varies depending on the type of juridical person. A
corporation is a citizen of every state in which it is
incorporated as well as the state where its principal place
of business is located. 28 U.S.C. § 1332(c)(1).
Plaintiff alleges that the addition of Parking Management
Services, Inc., destroys complete diversity. R. Doc. 41.
Parking Management Services, Inc., is a corporation.
Therefore, the Court looks to the company's state of
incorporation and the location of its principal place of
business. The Louisiana Secretary of State lists Parking
Management Services, Inc.'s domicile address and
principal office address as 917 Gravier Street, New Orleans,
Louisiana, 70112. Accordingly, Parking Management Services,
Inc., is a citizen of Louisiana for diversity jurisdiction
purposes. Plaintiff is also a citizen of Louisiana. R. ...