Roberson v. Adanalic
3:15-cv-00720
M.D. La.Oct 28, 2015Background
- DMR Transportation, LLC removed the case alleging diversity jurisdiction under 28 U.S.C. § 1332.
- Plaintiff alleges he is a Louisiana citizen; Adanalic and DMR are Michigan citizens; ACE American Insurance is a Pennsylvania citizen.
- Citizenship must be distinctly and affirmatively alleged for all parties when subject matter jurisdiction depends on it.
- A limited liability company’s citizenship is determined by the citizenship of all its members; members must be identified with their citizenships.
- DMR was identified as an LLC, but the removal papers failed to identify its members or the states of their citizenship, contrary to the rule for LLCs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether removal properly alleges DMR’s citizenship | Roberson argues DMR failed to identify members and their citizenships. | DMR contends it is LLC and alleged its own citizenship as Michigan-based; relies on plaintiff’s petition. | DMR must amend to properly allege its LLC membership and members’ citizenships. |
Key Cases Cited
- Stafford v. Mobil Oil Corp., 945 F.2d 803 (5th Cir. 1991) (requires explicit jurisdictional facts for diversity)
- Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077 (5th Cir. 2008) (clarifies corporate and LLC citizenship in diversity)
- Carden v. Arkoma Associates, 494 U.S. 185 (1990) (recognizes federal diversity rules applying to corporate structure)