Opinion
CIVIL ACTION NO. 18-125-JWD-RLB
05-14-2018
JAMES LIGHTELL v. JOSHUA ATKINSON, ET AL.
ORDER
Upon review of the Amended Notice of Removal (R. Doc. 8), the court sua sponte notes that the deficiencies previously observed have not been addressed. The Amended Notice of Removal fails to 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 defendant Government Employees Insurance Company is not provided. In addition, the principal place of business of defendant National Casualty Company 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)
The Amended Notice of Removal also fails to 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. See Harvey v . Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5 th Cir. 2008). The complete citizenship of defendant M & D Trucking, LLC is not provided.
The Court notes that the notice of removal (R. Doc. 1) states that M & D Trucking, LLC is no longer in business. --------
Accordingly,
IT IS ORDERED, pursuant to 28 U.S.C. §1653, that, on or before May 29, 2018, the removing defendant shall file a second amended notice of removal providing the citizenship of defendants M & D Trucking, LLC, National Casualty Company and Government Employees Insurance Company, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction.
Signed in Baton Rouge, Louisiana, on May 14, 2018.
/s/ _________
RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE