CIVIL ACTION NO. 11-121-FJP-DLD.
March 23, 2011
DOCIA DALBY, Magistrate Judge
The court sua sponte notes the potential insufficiency of the removing 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. Argonaut Insurance Company Colony Insurance Company, its members. all of the members Harvey v. Grey Wolf Drilling Co. , 542 F.3d 1077, 1080 (5th Cir. 2008) 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) 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. X 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 defendants, and 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. See . The complete citizenship of ______________ is not provided. 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. 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 April 5, 2011, the defendants shall file an amended notice of removal providing the citizenship of defendants, Argonaut Insurance Company and Colony Insurance Company, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction.