Case Information
DISTRICT COURT EASTERN OF LOUISIANA CARLON JOHNSON CIVIL ACTION VERSUS NO. 2867 ALLEN, ET AL. SECTION "H"(2)
ORDER REASONS
recent Therefore, 28 1447(c).
BACKGROUND arises from alleged fraudulent endorsement several checks made payable Carlon Johnson. Plaintiff, citizen, originally suit against
Defendants ("SunTrust") Michael ("Allen"). Suntrust Georgia corporation with principal place of business in Georgia. Allen a Louisiana citizen.
On November 30, 2012, removed case on the basis of diversity of jurisdiction, alleging that was improperly joined. (R. Doc. 1.) On December 6, 2012, Plaintiff a Motion to Remand. (R. Doc. 7.) While Motion was still pending, moved to amend his court petition and Ma ‐ Kel Enterprises, ("Ma ‐ Kel")—a citizen—as defendant. (R. Doc. 19.) This Motion was automatically referred to Magistrate Judge assigned Local Rule 72.1(A). On January 16, 2013, Motion was granted and ‐ was added as defendant. (R. Doc. 18.)
LAW ANALYSIS duty ‐ bound examine basis jurisdiction sua sponte . Lane Halliburton , F.3d 548, (5th 2008) (citing Union Planters Nat'l Ass'n v. Salih , The basic statutory grants federal jurisdiction are contained and 1332. Cases arising under § require, inter alia complete diversity citizenship. Stiftung Plains Marketing, L.P. Cir. (citation omitted). “The concept complete requires all persons on one side controversy be citizens different states than persons on other side.” McClaughlin Mississippi Power (internal quotations citations omitted). "Once permits post . . . '[t]he court [loses] subject matter jurisdiction,' remand is required U.S.C. 1447(e)." [1] Borden Allstate Ins. Co. (alterations original) (quoting Cobb Delta Exports, Inc.
For purposes jurisdiction, is citizen. ( See R. Docs. 18; 19; 13, Ex. A.) joinder this
CONCLUSION
For reasons previously stated, matter hereby to State court.
New Orleans, Louisiana, 18th day March, 2013.
______________________________ JANE TRICHE MILAZZO JUDGE
[1] 1447(e) provides: “If after plaintiff seeks additional defendants whose would destroy jurisdiction, may deny joinder, or permit joinder and remand action court.”
[2] See further Harvey Grey Wold Drilling (holding "the citizenship determined by citizenship members") (citations omitted).