Opinion
CIVIL ACTION NO. 07-0869.
September 7, 2007
MEMORANDUM ORDER
Before the court is a Motion to Intervene (Doc. 9) filed by International Paper. IP's Proposed Complaint of Intervention (Doc. 9-5) alleges that IP paid $198,277.68 in weekly worker's compensation benefits and medical expenses on behalf of Plaintiff in connection with the injury which is the subject of Plaintiff's complaint. IP's intervention seeks reimbursement of all benefits paid (or to be paid in the future) to Plaintiff.
The complaint in intervention requires an independent jurisdictional basis. Dushane v. Gallagher Kiser Corp., 2005 WL 1959151 (W.D. La. 2005). Accordingly, the citizenship of the relevant parties, including corporations, must be set forth affirmatively and distinctly. Guillory v. PPG Industries, Inc., 2006 WL 861011, n. 3 (W.D. La. 2006).
IP, in its proposed Complaint of Intervention, describes itself as a "foreign corporation authorized to do and doing business within the State of Louisiana. . . ." That is not sufficient. IP must state with specificity (1) the state in which it is incorporated and (2) the state in which it has its principal place of business. With regard to the citizenship of the other parties, it is noted that Plaintiff's original petition alleges that Plaintiff is domiciled in Louisiana. The Notice of Removal establishes that Defendants are Delaware corporations with their principal place of business in Connecticut.
IP's Motion to Intervene (Doc. 9) is granted, and IP's Complaint of Intervention will be filed. IP is permitted until September 21, 2007 to file a Motion for Leave to Amend the Complaint of Intervention, accompanied by a proposed Amended Complaint of Intervention that specifies the citizenship of each party to this litigation. Failure to comply with this order may result in dismissal without prejudice of the Complaint of Intervention or even the entire action for lack of subject matter jurisdiction. See Dushane.