Walker v. Brookshire Grocery Co., 19-cv-1065. (2019)
Court: District Court, W.D. Louisiana
Number: infdco20190829937
Visitors: 6
Filed: Aug. 28, 2019
Latest Update: Aug. 28, 2019
Summary: MEMORANDUM ORDER MARK L. HORNSBY , Magistrate Judge . Jennifer Walker ("Plaintiff") filed this civil action in state court, and the defendants removed it based on an assertion of diversity jurisdiction. Defendants filed a notice of removal and set forth certain facts in an effort to meet their burden of establishing complete diversity of citizenship. The facts alleged are adequate except that there is ambiguity regarding the form of entity of The Travelers Indemnity Company of Connecticut.
Summary: MEMORANDUM ORDER MARK L. HORNSBY , Magistrate Judge . Jennifer Walker ("Plaintiff") filed this civil action in state court, and the defendants removed it based on an assertion of diversity jurisdiction. Defendants filed a notice of removal and set forth certain facts in an effort to meet their burden of establishing complete diversity of citizenship. The facts alleged are adequate except that there is ambiguity regarding the form of entity of The Travelers Indemnity Company of Connecticut. ..
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MEMORANDUM ORDER
MARK L. HORNSBY, Magistrate Judge.
Jennifer Walker ("Plaintiff") filed this civil action in state court, and the defendants removed it based on an assertion of diversity jurisdiction. Defendants filed a notice of removal and set forth certain facts in an effort to meet their burden of establishing complete diversity of citizenship. The facts alleged are adequate except that there is ambiguity regarding the form of entity of The Travelers Indemnity Company of Connecticut.
The notice of removal describes Travelers as a foreign insurance "company" organized under the laws of Connecticut with its principal place of business in Connecticut. That is adequate to allege Travelers' citizenship if it is a corporation, but neither the notice nor the later-filed corporate disclosure statement (Doc. 6) expressly alleges that Travelers is a corporation. Defendants will be allowed until September 9, 2019 to file an amended notice of removal that includes a specific allegation regarding Travelers' form of legal entity. If it is not a corporation and is some form of unincorporated association, its citizenship will have to be alleged in accordance with the rules set forth in cases such as Rodidaco, Inc. v. Chesapeake Energy Louisiana Corp. 2018 WL 3551525 (W.D. La. 2018).
Source: Leagle
