Craghead v. Dee King Trucking, LP
1:22-cv-00931-KWR-SCY
D.N.M.Dec 23, 2022Background
- Plaintiff Kerri Craghead filed a diversity action for wrongful death against Dee King Trucking, LP and Michael Cole.
- The Court ordered amendment because the original complaint alleged only residency for individuals and did not allege the citizenship of the limited partnership’s members.
- In the amended complaint, Craghead properly alleged individual citizens’ states but still failed to identify the citizenship of each member of Dee King Trucking, LP.
- Plaintiff’s amended pleading described Dee King as a Texas limited partnership with principal place in Amarillo and asserted (on information and belief) that it is a Texas citizen based on residence.
- The Magistrate Judge applied the rule that unincorporated associations’ citizenship is determined by the citizenship of all members and found the amended allegations insufficient to establish diversity.
- The Magistrate Judge recommended dismissing the amended complaint without prejudice for lack of subject-matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of citizenship allegations for Dee King (limited partnership) | Alleges Dee King is a Texas LP with principal place in Amarillo and is therefore a citizen of Texas | No adequate member-level citizenship pleaded; residency/principal place insufficient to establish diversity | Allegations insufficient; plaintiff failed to allege citizenship of each member; recommend dismissal without prejudice |
| Court's authority to consider subject-matter jurisdiction sua sponte | Invokes diversity jurisdiction | No opposing jurisdictional proof; court must ensure jurisdiction exists | Court has duty to assess jurisdiction sua sponte and recommend dismissal if jurisdiction lacking |
Key Cases Cited
- Grynberg v. Kinder Morgan Energy Partners, L.P., 805 F.3d 901 (10th Cir. 2015) (distinguishes corporations from unincorporated associations for citizenship purposes)
- Carden v. Arkoma Assocs., 494 U.S. 185 (1990) (limited partnership citizenship is determined by citizenship of all members)
- Platinum-Montaur Life Scis., LLC v. Navidea Biopharmaceuticals, Inc., 943 F.3d 613 (2d Cir. 2019) (party invoking jurisdiction bears burden of proving citizenship of numerous members)
- West v. Louisville Gas & Elec. Co., 951 F.3d 827 (7th Cir. 2020) (treating a partnership like a corporation without proving members’ citizenship is insufficient)
- Tuck v. United States Auto. Ass’n, 859 F.2d 842 (10th Cir. 1988) (court must dismiss if subject-matter jurisdiction is lacking)