CIVIL ACTION NO. 11-591-JJB-DLD.
October 18, 2011
DOCIA DALBY, Magistrate Judge
The court sua sponte notes the potential insufficiency of the defendants' allegation of the citizenship of the parties as follows; citizenship 28 U.S.C. § 1332(c)(2) citizenship See, e.g., Illinois Central Gulf Railroad Co. v. Pargas, Inc. , 706 F.2d 633 (5th Cir. 1983) 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. X its members. all of the members Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008) Mall of Louisiana, LLC and Xencom Facility Management, LLC X 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) GGP-Mall Of Louisiana, LP 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 The citizenship of 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 . The complete citizenship of is not provided. Although the defendants state that all members of the above- named defendants are foreign residents and/or entities, the defendants do not provide the state of citizenship for the individuals or state of incorporation and principle place of business for the corporations. 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 complete citizenship of is not provided. Although the defendants state that all members of the above-named defendant are foreign residents and/or entities, the defendants do not provide the state of citizenship for the individuals or state of incorporation and principle place of business for the corporations. 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 November 1, 2011, the defendants shall file an amended notice of removal providing the citizenship of defendants, Mall of Louisiana, LLC, GGP-Mall of Louisiana, LP and Xencom Facility Management, LLC, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction.