Opinion
22-176-JWD-SDJ
04-27-2022
VII PEAKS CO-OPTIVIST INCOME BDC II, INC. v. ANSGAR MEDIA, LLC, et al. CIVIL ACTION
NOTICE
SCOTT D. JOHNSON, UNITED STATES MAGISTRATE JUDGE.
Please take notice that the attached Magistrate Judge's Report has been filed with the Clerk of the United States District Court.
In accordance with 28 U.S.C. § 636(b)(1), you have fourteen (14) days after being served with the attached Report to file written objections to the proposed findings of fact, conclusions of law, and recommendations therein. Failure to file written objections to the proposed findings, conclusions, and recommendations within 14 days after being served will bar you, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions of the Magistrate Judge which have been accepted by the District Court.
ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Before the Court is an ex parte Motion to Remand (R. Doc. 3) filed by the removing Defendants. Defendants ask the Court to vacate their Notice of Removal (R. Doc. 1) and remand this cause of action to state court.
Defendants filed their Notice of Removal (R. Doc. 1) on March 14, 2022, claiming this Court had subject matter jurisdiction based on diversity of citizenship, 28 U.S.C. § 1332 (diversity jurisdiction). Since then, Defendants have learned that a member of Defendant Ansgar Media, LLC, a limited liability company, is a citizen of Maryland (R. Doc. 3 at 2-3). See Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008) (“[T]he citizenship of a LLC is determined by the citizenship of all of its members.”). Because Plaintiff is also a citizen of Maryland, complete diversity does not exist. And so, Defendants move to remand this cause of action. Plaintiff does not oppose the ex parte Motion to Remand (R. Doc. 3 at 3).
Because complete diversity does not exist between the parties, the Court RECOMMENDS that Defendants' ex parte Motion to Remand (R. Doc. 3) be GRANTED and that this cause of action be remanded to the 20th Judicial District Court for the Parish of East Feliciana.