CIVIL ACTION NO. 10-770-JJB-DLD.
January 14, 2011
DOCIA DALBY, Magistrate Judge
The court sua sponte notes the potential insufficiency of the plaintiff's allegation of the citizenship of the parties as follows;
X citizenship 28 U.S.C. § 1332(c)(2) citizenship James Mark Guidry X See, e.g., Illinois Central Gulf Railroad Co. v. Pargas, Inc. , 706 F.2d 633 (5th Cir. 1983) Kansas City Southern Railway Company X 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. Western World Insurance Company Harvey v. Grey Wolf Drilling Co. , 542 F.3d 1077, 1080 (5th Cir. 2008) International Paper Co. v. Denkmann Assoc. , 116 F.3d 134, 137 (5th Cir. 1997) Carden v. Arkoma Associates , 494 U.S. 185, 110 S.Ct. 1014, 108 L.Ed.2d 157 (1990) Corfield v. Dallas Glen Hills LP , 355 F.3d 853 (5th Cir. 2003), cert. denied , 541 U.S. 1073, 124 S.Ct. 2421, 158 L.Ed.2d 983 (2004) Linder Enterprises v. Martinringle , 2007 WL 3095382
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. The Hertz Corporation v. Melinda Friend, et al. , 559 U.S. ______ (2010)
1. A party invoking diversity jurisdiction must allege the rather than mere residence of an individual. In addition, see for infants, minors and an incompetent. The of is not provided. 2. A party invoking diversity jurisdiction must allege both the state of incorporation and principal place of business of each corporate party. . The state of incorporation and principal place of business of 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. . 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. See . The 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 . A limited liability partnership or L.L.P. also has the citizenship of each one of its partners, both general and limited. See . 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 . 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 (N.D. Tex.). The citizenship of _________ is not provided. Accordingly, IT IS ORDERED, pursuant to 28 U.S.C. § 1653, that, on or before January 25, 2011, the plaintiff shall file an amended complaint providing the citizenship of plaintiff, Kansas City Southern Railway Company, and defendants, James Mark Guidry and Western World Insurance Company, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction.
Signed in Baton Rouge, Louisiana, on January 14, 2011.