Opinion
CIVIL ACTION NUMBER 07-866-JVP-DLD.
January 22, 2008
ORDER
A review of the Complaint reveals that there is no basis of jurisdiction asserted, although the court assumes the basis is 28 U.S.C. § 1332, diversity. The citizenship of the parties is not adequately alleged; that is, the citizenship of all of the members of the limited liability companies, Opelousas Land Holding Company and Oak Park Health Care Center, is not alleged. A party seeking to invoke the federal diversity jurisdiction must affirmatively allege all party citizenship particulars both at the time of suit and at the time of removal. For a limited liability company, case law suggests that the citizenship of a limited liability company for diversity purposes is determined by the citizenship of its members. See Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). Also, it is unclear whether defendant Louisiana Health Care Consultants is a limited liability corporation, or otherwise. In any case, its citizenship must be properly alleged. Furthermore, the citizenship of the plaintiff is not properly alleged, as the state of incorporation and principal place of business are not stated as such. Therefore,
IT IS ORDERED that the plaintiff shall file an amended complaint, properly alleging the citizenship of the parties on or before February 1, 2008. Failure to timely comply with this order may result in remand of this action for failure to demonstrate the presence of federal jurisdiction.