Filed: Oct. 30, 2018
Latest Update: Oct. 30, 2018
Summary: ORDER AND REASONS JANE TRICHE MILAZZO , District Judge . On June 1, 2018, Defendants removed this suit to this Court from Orleans Parish's Civil District Court. 1 At the time, Defendants alleged that this Court had diversity jurisdiction under 28 U.S.C. 1332. 2 Subsequently, on August 29, 2018, Magistrate Judge van Meerveld partially granted Plaintiffs' request for leave to amend their Complaint, which resulted in Gulfway Terrace Associates, LP ("Gulfway") being substituted as a Defend
Summary: ORDER AND REASONS JANE TRICHE MILAZZO , District Judge . On June 1, 2018, Defendants removed this suit to this Court from Orleans Parish's Civil District Court. 1 At the time, Defendants alleged that this Court had diversity jurisdiction under 28 U.S.C. 1332. 2 Subsequently, on August 29, 2018, Magistrate Judge van Meerveld partially granted Plaintiffs' request for leave to amend their Complaint, which resulted in Gulfway Terrace Associates, LP ("Gulfway") being substituted as a Defenda..
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ORDER AND REASONS
JANE TRICHE MILAZZO, District Judge.
On June 1, 2018, Defendants removed this suit to this Court from Orleans Parish's Civil District Court.1 At the time, Defendants alleged that this Court had diversity jurisdiction under 28 U.S.C. § 1332.2 Subsequently, on August 29, 2018, Magistrate Judge van Meerveld partially granted Plaintiffs' request for leave to amend their Complaint, which resulted in Gulfway Terrace Associates, LP ("Gulfway") being substituted as a Defendant in this suit in place of the Defendant previously identified as Chateau D'Orleans Apartments.3
On October 2, 2018, this Court ordered Defendants to file within 10 days an Affidavit that identified the citizenship of Defendant Gulfway.4 This Court granted Defendants' request for an extension to comply with its October 2, 2018 Order and Reasons.5 Nevertheless, on October 24, 2018, Defendants filed a Response to this Court's previous Order and Reasons conceding that they "do not have access to" information necessary to determine Gulfway's citizenship.6 Defendants further admitted that they received information suggesting that Gulfway is a Louisiana citizen, which would defeat complete diversity because it is undisputed that all Plaintiffs are Louisiana citizens.7 Defendants ultimately conceded that they "cannot meet their burden to establish complete diversity."8 As such, this Court lacks subject matter jurisdiction in this suit, and the case must be remanded to state court.9 Accordingly;
IT IS ORDERED that this case is REMANDED to state court.
FootNotes
1. See Doc. 1.
2. See id.
3. See Docs. 45, 46.
4. Doc. 57.
5. Doc. 65.
6. Doc. 70.
7. See Doc. 1. See also 28 U.S.C. § 1332; Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996) (noting that diversity jurisdiction under § 1332 exists only when no plaintiff has the same citizenship as any defendant) (citing Strawbridge v. Curtiss, 7 U.S. 267, 267 (1806)).
8. Doc. 70. See also Howery v. Allstate Ins. Co., 243 F.3d 912, 916 (5th Cir. 2001) ("[T]he burden of establishing federal jurisdiction rests on the party seeking the federal forum.").
9. 28 U.S.C. § 1447(c) ("If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.").
