Elawyers Elawyers
Washington| Change

CARLIN v. UNITED SPECIALTY INSURANCE COMPANY, 17-610-BAJ-RLB. (2017)

Court: District Court, M.D. Louisiana Number: infdco20171011960 Visitors: 5
Filed: Sep. 28, 2017
Latest Update: Sep. 28, 2017
Summary: ORDER RICHARD L. BOURGEOIS, Jr. , Magistrate Judge . The court sua sponte notes the potential insufficiency of the defendants' allegation of the citizenship as it relates to defendant North Star Carriers & Logistics. In the Petition for Damages, this entity is identified as North Star Carriers & Logistics Company . (R. Doc. 1-2 at 3). If it is a corporation, a party invoking diversity jurisdiction must allege both the state of incorporation and principal place of business of each corpor
More

ORDER

The court sua sponte notes the potential insufficiency of the defendants' allegation of the citizenship as it relates to defendant North Star Carriers & Logistics. In the Petition for Damages, this entity is identified as North Star Carriers & Logistics Company. (R. Doc. 1-2 at 3). If it is a corporation, a party invoking diversity jurisdiction must allege both the state of incorporation and principal place of business of each corporate party. See, e.g., Illinois Central Gulf Railroad Co. v. Pargas, Inc., 706 F.2d 633 (5th Cir. 1983). The state of incorporation and principal place of business is not provided.

The Notice of Removal, however, states that "North Star is a Texas limited liability company." (R. Doc. 1 at 2). The citizenship of a limited liability company for diversity purposes is determined by the citizenship of its members. The citizenship of all of the members of a limited liability company must be properly alleged. In the event a member of a limited liability company is another limited liability company, the members of that limited liability company must be properly alleged as well. See Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). If defendant North Star Carriers & Logistics is a limited liability company as alleged in the Notice of Removal, its complete citizenship is not provided.

Accordingly,

IT IS ORDERED, pursuant to 28 U.S.C. §1653, that, on or before October 12, 2017, the defendants shall file an amended notice of removal providing the citizenship of defendant "North Star Carriers & Logistics," by setting forth all citizenship particulars required to sustain federal diversity jurisdiction.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer