Opinion
CIVIL ACTION NO. 11-665-BAJ-DLD.
December 01, 2011.
ORDER
The court sua sponte notes the potential insufficiency of the removing defendants' allegation of the citizenship of the parties as follows;
1. __x__ A party invoking diversity jurisdiction must allege the citizenship rather than mere residence of an individual. In addition, see 28 U.S.C. § 1332(c)(2) for infants, minors and an incompetent. The citizenship of the minor children of Joshua Cuevas and Heidi Cuevas, and the citizenship of defendant, Steven Hendon, is not provided.
2. __x__ A party invoking diversity jurisdiction must allege both the state of incorporation and principal place of business of each corporate party. See, e.g., Illinois Central Gulf Railroad Co. v. Pargas, Inc. , 706 F.2d 633 (5th Cir. 1983). The state of incorporation and principal place of business of defendants, Con-Way, Inc., Con-Way Truckload, Inc. and Con-Way Freight, Inc., is not provided.
3. ____ A party invoking diversity jurisdiction must allege both the state of incorporation and principal place of business of each corporate party. See, e.g., Illinois Central Gulf Railroad Co. v. Pargas, Inc. , 706 F.2d 633 (5th Cir. 1983). Even when a liability insurer takes on its insured's citizenship under 28 U.S.C. § 1332(c)(1) , its own citizenship still is considered in determining whether complete diversity exists. The state of incorporation and principal place of business of ____ is not provided.
4. ____ A party invoking diversity jurisdiction must properly allege the citizenship of a limited liability company. The citizenship of a limited liability company for diversity purposes is determined by the citizenship of its members. The citizenship of all of the members of a limited liability company must be properly alleged. In the event a member of a limited liability company is another limited liability company, the members of that limited liability company must be properly alleged as well. is See Harvey v. Grey Wolf Drilling Co. , 542 F.3d 1077, 1080 (5th Cir. 2008). The complete citizenship of is ____ not provided.
5. ____ A party invoking diversity jurisdiction must properly allege the citizenship of a general partnership and a limited liability partnership. For a general partnership, case law suggests that a partnership has the citizenship of each one of its partners. See International Paper Co. v. Denkmann Assoc. , 116 F.3d 134, 137 (5th Cir. 1997). A limited liability partnership or L.L.P. also has the citizenship of each one of its partners, both general and limited. See Carden v. Arkoma Associates , 494 U.S. 185, 110 S.Ct. 1014, 108 LEd.2d 157 (1990). The citizenship of is ____ not provided.
6. ____ A party invoking diversity jurisdiction must properly allege the citizenship of Underwriters at Lloyd's, London. The citizenship of Underwriters at Lloyd's, London has not been provided. See Corfield v. Dallas Glen Hills LP , 355 F.3d 853 (5th Cir. 2003), cert. denied , 541 U.S. 1073, 124 S.Ct. 2421, 158 LEd.2d 983 (2004).
7. ____ A party invoking diversity jurisdiction must properly allege the citizenship of a sole proprietorship. A business entity cannot be both a corporation and sole proprietorship; therefore the court seeks to clarify the identity of plaintiff/defendant. Case law suggests that the citizenship of a sole proprietorship for diversity purposes is determined by the citizenship of its members and/or owners. See Linder Enterprises v. Martinringle , 2007 WL 3095382 (N.D. Tex.). The citizenship of ____ is not provided.
The phrase "principal place of business" in § 1332(c)(1) refers to the place where a corporation's high level officers direct, control, and coordinate the corporation's activities, i.e., its "nerve center," which will typically be found at its corporate headquarters. Hertz Corp. v. Friend , 130 S.Ct. 1181, 175 L.Ed.2d 1029 (2010)
See footnote 1.
Accordingly,
IT IS ORDERED, pursuant to 28 U.S.C. § 1653, that, on or before December 15, 2011, the removing defendants shall file an amended notice of removal providing the citizenship of the minor children of Joshua Cuevas and Heidi Cuevas, and defendants, Steven Hendon, Con-Way, Inc., Con-Way Truckload, Inc. and Con-Way Freight, Inc., by setting forth all citizenship particulars required to sustain federal diversity jurisdiction.