R. Doc. 19-1 at 2 (citing Fields v. Progressive Cas. Ins. Co., 21-477, 2022 WL 324028, at *3 (M.D. La. Jan. 18, 2022), report and recommendation adopted, 21-477, 2022 WL 323968 (M.D. La. Feb. 2, 2022) (citation omitted) (“Because USAA is a citizen of every state, including Louisiana, it is not diverse from Plaintiff.”); Cruz v. United Servs. Auto. Ass'n, 21-515, 2021 WL 2662155, at *1 (E.D. La. June 29, 2021) (granting a motion to dismiss because the plaintiff and USAA were both citizens of Louisiana); Drake v. United Servs. Auto. Ass'n, 19-13724, 2020 WL 6262996, at *1-2 (E.D. La. Feb. 28, 2020) (granting a motion to dismiss based on lack of complete diversity where a plaintiff's incorrect allegation regarding USAA's citizenship was insufficient to confer subject matter jurisdiction); Ourso v. United Servs. Auto. Ass'n, 06-4354, 2007 WL 275902, at *2 (E.D. La. Jan. 25, 2007) (granting motion to dismiss based on lack of diversity between a Louisiana plaintiff and USAA); Norton v. Gurley, 00-1704, 2000 WL 1408168, at *1 (E.D. La. Sept. 25, 2000) (granting motion to dismiss for lack of diversity and holding that USAA is an unincorporated association with members in Louisiana, making it a citizen of Louisiana for diversity purposes)). CONCLUSION
State Farm also alleged that the amount in controversy was met (R. Doc. 1, ¶¶ 6-13); however, (his issue is not reached because the parties are not completely diverse. R. Doc. 11, p. 1, citing Norton v. Gurley, No. 00-1704, 2000 WL 1408168, at *1 (E.D. La. Sept. 25, 2000). Norton states: “USAA is not a corporation but instead an unincorporated association” which is “considered to have the citizenship of its members,” and notes that “USAA has members residing in all fifty states....”).
Accordingly, IT IS HEREBY ORDERED that the Motion to Dismiss for Lack of Subject Matter Jurisdiction is GRANTED, and Plaintiffs claims are DISMISSED WITHOUT PREJUDICE. See, e.g., Ourso, 2007 WL 275902, at *2; Drake v. United Services Auto. Ass'n, No. 19-13724, 2020 WL 6262996, at *1-2 (E.D. La. Feb. 28, 2020); Norton v. Gurley, No. 00-1704, 2000 WL 1408168 (E.D. La. Sept. 25, 2000).
In addition, defendants point out that other divisions have previously dismissed actions against USAA based upon lack of complete diversity because its members reside in all fifty states. Ourso v. United Services Auto. Ass'n , 2007 WL 275902, *2 (E.D. La. 1/25/2007) ("USAA is a reciprocal interinsurance exchange with members in Louisiana."); Norton v. Gurley , 2000 WL 1408168 (E.D. La. 9/25/2000) ("USAA has members residing in all fifty states."); Isidore v. USAA Ins. Co. , 2009 WL 1564807 (La. E.D.6/2/09) ("USAA is an interinsurance exchange ... with members residing in all fifty states").").
In addition, defendants point out that other divisions have previously dismissed actions against USAA based upon lack of complete diversity because its members reside in all fifty states. Ourso v. United Services Auto. Ass'n, 2007 WL 275902, *2 (E.D. La. 1/25/2007) ("USAA is a reciprocal interinsurance exchange with members in Louisiana."); Norton v. Gurley, 2000 WL 1408168 (E.D. La. 9/25/2000) ("USAA has members residing in all fifty states."); Isidore v. USAA Ins. Co., 2009 WL 1564807 (La. E.D.6/2/09) ("USAA is an interinsurance exchange ... with members residing in all fifty states").").
They have members in all 50 states, including Louisiana, which destroys diversity. See Lewis v. USAA, 1994 WL 717650 (8th Cir. 1994); United Servs. Auto. Ass'n v. Omega Flex, Inc., 2011 WL 1740192 (D. Neb. 2011); Isidore v. USAA Ins. Co., 2009 WL 1564807 (E.D. La. 2009); and Norton v. Gurley, 2000 WL 1408168 (E.D. La. 2000). Removing counsel should determine with certainty this USAA entity's legal form and then plead with specificity that form of organization and its citizenship in accordance with the applicable rules.
In addition, defendants point out that other sections have previously dismissed actions against USAA based upon lack of complete diversity because its members reside in all fifty states. Ourso v. United Servs. Auto. Ass'n, 2007 WL 275902, *2 (E.D. La. 1/25/2007) ("USAA is a reciprocal interinsurance exchange with members in Louisiana."); Norton v. Gurley, 2000 WL 1408168 (E.D. La. 9/25/2000) ("USAA has members residing in all fifty states."); Isidore v. USAA Ins. Co., 2009 WL 1564807 (La. E.D. 6/2/09) ("USAA is an interinsurance exchange... with members residing in all fifty states"). Since plaintiffs have not provided evidence or arguments in opposition, defendants have established that USAA is a citizen of Louisiana for diversity jurisdiction purposes.
Some such companies have members residing in all 50 states so that diversity is never possible. See e.g., Norton v. Gurley, 2000 WL 1408168 (E.D. La. 2000). See also Muslow Land Timber, Inc. v. Chesapeake Exploration Ltd. Partnership, 2009 WL 367729 (W.D. La. 2009) (setting forth rules for alleging citizenship of various entities). If Standard renews its motion, it should take care to ascertain and allege with specificity what form of legal entity the insurer takes.
Some such companies have members residing in all 50 states so that diversity is never possible. See e.g., Norton v. Gurley, 2000 WL 1408168 (E.D. La. 2000). If LEMIC renews its motion, it should take care to ascertain and allege with specificity what form of legal entity the insurer takes. LEMIC will be allowed until October 15, 2010 to renew its motion. If it does not do so by that date, the court will set a scheduling conference and proceed with the litigation without LEMIC.