Opinion
CIV. ACT. NO. 17-505
04-26-2017
MARTIN MARIETTA MATERIALS SOUTHWEST, LLC v. 3-B TRUCKING, LLC
MAG. JUDGE PEREZ-MONTES
ORDER
Federal courts are courts of limited jurisdiction, obligated to examine the basis for any exercise of their subject-matter jurisdiction. In re FEMA Trailer Formaldehyde Products Liability Litigation (Mississippi Plaintiffs), 668 F.3d 281 (5 Cir. 2012); Howery v. Allstate Ins. Co., 243 F.3d 912, 916 (5 Cir. 2001). Federal courts are "duty-bound to examine the basis of subject-matter jurisdiction sua sponte." Union Planters Bank National Association v. Salih, 369 F.3d 457, 460 (5 Cir. 2004).
Where a district court's subject-matter jurisdiction is premised upon diversity of citizenship, complete diversity is required. Caterpillar, Inc. v. Lewis, 519 U.S. 61 (1996). For purposes of diversity jurisdiction analysis, the citizenship of a limited liability company ("LLC") is determined according to the citizenship of all of its members. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077 (5 Cir. 2008).
The complaint filed in this civil action (Doc. 1) alleges diversity of citizenship as the jurisdictional premise. The burden of proving citizenship lies with the party invoking diversity jurisdiction. Getty Oil Corp., Div. of Texaco, Inc. v. Ins. Co. of North. America, 841 F.2d 1254, 1259 (5 Cir. 1988). In order that the court may satisfy its obligation to assure itself of a sound basis for subject matter jurisdiction in this case, it is hereby
ORDERED that MARTIN MARIETTA MATERIALS SOUTHWEST, LLC will file evidence into the record specifying the citizenship of both parties within TWENTY-ONE (21) DAYS of the issuance of this order.
THUS DONE AND SIGNED at Alexandria, Louisiana this 26 day of April, 2017.
/s/ _________
DEE D. DRELL, CHIEF JUDGE
UNITED STATES DISTRICT JUDGE