Morris v. SWDI, LLC
Morris v. SWDI, LLC
Opinion of the Court
ORDER AND REASONS
Before the Court is Defendant SWDI, LLC’s (“Defendant” or “SWDI”) Motion to Dismiss for Lack of Jurisdiction.
I. Background
This case arises out of a car accident that occurred on December 13, 2010, when Plaintiffs Steven Morris, Jr. and Zachary Morris were riding in a car owned and operated by Plaintiff Johnny Morris in Galliano, Louisiana and were allegedly struck from behind by a garbage truck owned and operated by Defendant. The driver of the truck, Elise Ingram (“Ingram”), was an employee of Defendant, who Plaintiffs allege acted negligently while in the scope of her employment for Defendant at the time of the accident. At the time of the accident, Defendant and its employees were covered by an omnibus insurance policy issued by Arch Insurance Company (“Arch”).
Plaintiffs alleged damages as a result of the accident and filed their first complaint in the Eastern District of Louisiana
Plaintiffs then filed suit in the Seventeenth Judicial District Court for the Parish of Lafourche against SWDI, Arch, and Ingram, alleging causes of action derived from the same automobile accident.
On October 17, 2011, in the second federal action, Defendant SWDI filed a Motion to Dismiss for Lack of Subject Matter Jurisdiction.
In deciding the motion to dismiss in the second federal action, this Court noted sua sponte that Plaintiffs had not properly alleged diversity jurisdiction on the face of their complaint because they had not alleged the citizenship of the members of Defendant, a limited liability company.
Subsequently, on January 5, 2012, Plaintiffs filed a new complaint against SWDI in the instant civil action.
By the instant motion, Defendant alleges that this Court lacks jurisdiction to hear the present action. Defendant raises two arguments as to why this Court lacks jurisdiction. First, Defendant argues that “the law of the case doctrine” prohibits this Court from finding diversity jurisdiction because Judge Africk ruled that there was no diversity in the first federal court case. Incorporated within this argument is Defendant’s claim that Plaintiffs have improperly manufactured diversity by omitting certain potential defendants from this suit. Second, Defendant argues that this Court should abstain from hearing this case under Colorado River Water Conservation District v. United States,
II. Law and Analysis
Federal courts are courts of limited jurisdiction, and therefore some basis must exist for a lawsuit to be brought in federal court.
In ruling on a motion to dismiss for lack of subject matter jurisdiction, “a district court is free to weigh the evidence and satisfy itself as to the existence of its power to hear the case.”
A. Diversity Jurisdiction
Under 28 U.S.C. § 1332(a)(1), federal district courts have original jurisdiction over all civil actions where the matter in controversy exceeds $75,000 and is between citizens of different states. “It has long been the general rule that complete diversity of parties is required in order that diversity jurisdiction obtain; that is, no party on one side may be a citizen of the same State as any party on the other side.”
In this action, there is no allegation that the parties are not completely diverse. Plaintiffs are citizens of Louisiana, and Defendant, a limited liability company, is a citizen of Delaware and Texas. Instead of alleging that complete diversity is lacking, Defendant argues that Plaintiffs improperly manufactured diversity by voluntarily dismissing Arch, a non-diverse party.
Ignoring for a moment this important flaw in Defendant’s argument, concerning the difference between dismissal of a defendant and the failure to join a defendant, the Court will consider Defendant’s argument that diversity was improperly manufactured here. Defendant cites an Eastern District of Louisiana case, lllg v. Jacat Corporation,
in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business.37
The lllg case, however is inapposite. In lllg, the insured and the insurance company were both originally sued, such that the insurance company did not take on the citizenship of the insured under 28 U.S.C. § 1332(c).
The instant case is not a direct action against an insurance company. Indeed, the insurance company is not a party here. Thus, even if Arch had been voluntarily dismissed rather than not joined, the case cited by Defendant would have no relevance and the instant facts would not “create[] the kind of diversity which 1332(c) prohibits in the first place.”
Therefore, Defendant has not demonstrated that diversity would have been improperly manufactured even had Arch been voluntarily dismissed from this suit, which it was not. Furthermore, to the
The general rule is that diversity jurisdiction is determined at the time of commencement of the action, that is, at the time the complaint is filed. The only exception to this rule occurs when a plaintiff voluntarily dismisses a non-diverse defendant. The rationale for this exception is that the plaintiff has created diversity by his voluntary act....42
Therefore, this Court need look only to whether diversity jurisdiction was present at the time the instant complaint was filed. It was.
B. The Law of the Case
The doctrine of the law of the case generally precludes a court from reexamining an issue previously decided by the same court in the same case such that the issue becomes stare decisis for subsequent proceedings.
Furthermore and importantly, Judge Africk dismissed the previous action without prejudice. According to the United States Supreme Court, “The primary meaning of ‘dismissal without prejudice,’ we think, is dismissal without barring the plaintiff from returning later, to the same court, with the same underlying claim.”
Accordingly, this Court is under no obligation to find that diversity jurisdiction is lacking in the instant case merely because it was lacking at a previous time and under different circumstances in a separate case that was dismissed without prejudice.
In some circumstances, a federal court may decline to exercise jurisdiction by abstaining from hearing a case; in Colorado River, the Supreme Court upheld a district court’s choice to stay its proceedings because of the existence of parallel state court proceedings.
As a result, the standard for abstention is very high. However, before even considering whether to abstain, the Court must first satisfy itself that the state and federal proceedings are parallel,
In • determining whether to stay or dismiss a case because of a parallel state proceeding, a court considers six factors: (1) assumption of either court of jurisdiction of a res; (2) the relative inconvenience of the forums; (3) avoidance of piecemeal litigation; (4) the order in which jurisdiction was obtained by the concurrent forums; (5) whether and to what extent federal law provides the rules of decision on the merits; and (6) the adequacy of the state proceedings in protecting the rights of the party invoking federal jurisdiction.
Regarding the first factor, both parties agree that neither court has jurisdiction over a res or property.
Next, the Court considers the avoidance of piecemeal litigation, which can exist when there is more than one plaintiff, one defendant, and one issue.
In considering the presence or absence of a federal question, the parties are in agreement that no federal question exists here.
In considering the final factor, neither side disputes that the state remedy is adequate.
Thus, on the majority of factors, the facts and law weigh in favor of this Court exercising jurisdiction. Of the six Colorado River factors, only one factor, the order in which jurisdiction was obtained, favors abstention. Although no one factor is necessarily determinative,
III. Conclusion
In this case, the parties are completely diverse, diversity was not improperly manufactured, and the law of the case doctrine is inapplicable, such that this Court has diversity jurisdiction over this matter. To abstain from hearing this matter, properly before this Court, requires an exceptional showing under the Colorado River doctrine, and the Court finds that such a showing has not been made here. Plaintiffs have met their burden to demonstrate that subject matter jurisdiction exists, and the Court finds that abstention under the Colorado River doctrine is not warranted. Accordingly, Defendant has not presented any sustainable argument why this Court cannot or should not hear this action. For the reasons set forth above,
IT IS ORDERED that Defendant’s Motion to Dismiss for Lack of Jurisdiction
. Rec. Doc. 5.
. Morris v. Arch Insur. Co., No. 11-01033, Rec. Doc. 1.
. Morris v. Arch Insur. Co., No. 11-01033, Rec. Doc. 14 (citing Green v. Wolters Kluwer U.S. Corp., No. 08-1065, 2008 WL 2355848, at *1 (E.D.La. Jun. 6, 2008) (Berrigan, J.) and Williams v. Liberty Mut. Ins. Co., 468 F.2d 1207 (5th Cir. 1972) for the proposition that the insurance company takes on the citizenship of the insured for purposes of diversity jurisdiction). Furthermore, 28 U.S.C. § 1332(c) provides, "in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business.”
. Morris v. Arch Insur. Co., No. 11-01033, Rec. Docs. No. 14-15.
. Morris v. Arch Insur. Co., No. 11-01033, Rec. Doc. 16.
. Morris v. Arch Insur. Co., No. 11-01033, Rec. Doc. 18.
. Other plaintiffs were added by the amended complaint of August 3, 2011. In the state court action, defendants have answered the petitions and propounded interrogatories and requests for production of documents. Plaintiffs-therein have responded to discovery and propounded discovery of their own. That matter is ongoing at this time.
. See Morris v. SWDI, LLC, No. 11-2345, Rec. Doc. 1.
. Morris v. Arch Insur. Co., No. 11-01033, 2011 WL 4742127, Rec. Doc. 19 ("Moreover, the fact that plaintiff filed a new suit naming only SWDI as a defendant renders moot his request for permission to voluntarily dismiss Arch.”)
. Morris v. SWDI, LLC, No. 11-2345, Rec. Doc. 5.
. Morris v. SWDI, LLC, No. 11-2345, Rec. Doc. 10.
. Morris v. SWDI, LLC, No. 11-2345, Rec. Doc. 11.
. Morris v. SWDI, LLC, No. 11-2345, Rec. Doc. 9.
. Morris v. SWDI, LLC, No. 11-2345, Rec. Doc. 17.
. Morris v. SWDI, LLC, No. 11-2345, Rec. Doc. 18.
. Id.
. Id.
. Rec. Doc. 1.
. Id. at p. 2.
. Rec. Doc. 4. Local Rule 3.1.1 of the Eastern District of Louisiana provides for the transfer of related cases to the section of the court presiding over the case with the lowest docket number. Local Rule 3.1 defines a related case as one that "involves subject matter that comprises all or a material part of the subject matter or operative facts of another action, whether civil or criminal, then or previously pending in any court or administrative agency----”
. Rec. Doc. 5.
. 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976).
. Rec. Doc. 8.
. Rec. Doc. 13.
. See, e.g., Stockman v. Fed. Election Comm'n., 138 F.3d 144, 151 (5th Cir. 1998) (citing Veldhoen v. U.S. Coast Guard, 35 F.3d 222, 225 (5th Cir. 1994)).
. Id. (citing Veldhoen, 35 F.3d at 225).
. McLain v. Real Estate Bd. of New Orleans, Inc., 583 F.2d 1315, 1318 n. 1 (5th Cir. 1978).
. Home Builders Ass’n of Miss., Inc. v. City of Madison, Miss., 143 F.3d 1006 (5th Cir. 1998).
. Ramming v. United States, 281 F.3d 158, 161 (5th Cir. 2001).
. MDPhysicians & Assocs. v. State Bd. of Ins., 957 F.2d 178, 181 (5th Cir. 1992) (citing Williamson v. Tucker, 645 F.2d 404, 413 (5th Cir. 1981)).
. Id. at 181 n. 2 (citing Williamson, 645 F.2d at 413).
. Mas v. Perry, 489 F.2d 1396, 1398 (5th Cir. 1974).
. Id. at 1398-99.
. See Rec. Doc. 5-1 at p. 3 ("The voluntary dismissal of Arch, the non-diverse party, may not be used to create jurisdiction retroactively where it did not previously exist.”). See also id. at p. 5 ("Clearly, the plaintiffs are making a blatant attempt at forum shopping and are desperately attempting to create diversity jurisdiction where diversity does not exist.”).
. No. 89-3519, 1989 WL 113979, at *1 (E.D.La. Sept. 25, 1989) (Sear, L).
. Rec. Doc. 5-1 at p. 15 (citing Illg, 1989 WL 113979, at *1).
. 28 U.S.C. § 1332(c).
. lllg, 1989 WL 113979, at *1.
. Id.
. Id.
. Rec. Doc. 5-1 at p. 15 (citing lllg, 1989 WL 113979, at*l).
. Id. at *2 (citations omitted).
. See, e.g., Agostini v. Felton, 521 U.S. 203, 117 S.Ct. 1997, 138 L.Ed.2d 391 (1997); Morrow v. Dillard, 580 F.2d 1284, 1289 (5th Cir. 1978).
. Rec. Doc. 5-1 atp. 16.
. Semtek Int’l, Inc. v. Lockheed Martin Corp., 531 U.S. 497, 505, 121 S.Ct. 1021, 149 L.Ed.2d 32 (2001).
. Pillar Pan., S.A. v. Delape, 326 Fed.Appx. 740, 744 (5th Cir. 2009) (quoting Hitt v. Pasadena, 561 F.2d 606, 608 (5th Cir. 1977)).
. Hitt, 561 F.2d at 608 (emphasis added).
. See generally 424 U.S. 800, 96 S.Ct. 1236.
. Id. at 817, 96 S.Ct. 1236.
. Id. at 818, 96 S.Ct. 1236.
. Moses H. Cone Mem'l Hosp. v. Mercury Constr. Co., 460 U.S. 1, 25-26, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983).
. Cnty. of Allegheny v. Frank Mashuda Co., 360 U.S. 185, 188-89, 79 S.Ct. 1060, 3 L.Ed.2d 1163 (1959); see also Stewart v. Western Heritage Ins. Co., 438 F.3d 488, 492-93 (5th Cir. 2006); Mahbod v. New York Life Ins. Co., No. 05-3266, 2006 WL 2513423 (E.D.La. Aug. 25, 2006) (Fallon, J.).
. Hartford Accident & Indent. Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990).
. RepublicBank Dallas, N.A. v. McIntosh, 828 F.2d 1120, 1121 (5th Cir. 1987).
. Am. Guarantee & Liab. Ins. Co. v. Anco Insulations, Inc., 408 F.3d 248, 251 (5th Cir. 2005).
. According to Defendant, "the state court lawsuit and the three federal court lawsuits arise from the same nucleus of operative facts, involve all of the same witnesses, and present the same legal issues for determination.” Rec. Doc. 5-1 at p. 6.
. Black Sea Inv. Ltd. v. United Heritage Corp., 204 F.3d 647, 650 (5th Cir. 2000).
. Moses H. Cone, 460 U.S. at 16, 103 S.Ct. 927.
. Union Planters Bank, N.A. v. Gavel, No. 02-1224, 2002 WL 975675, at *3 (E.D.La. May 9, 2002).
. Murphy v. Uncle Ben's Inc., 168 F.3d 734, 738 (5th Cir. 1999).
. Moses H. Cone, 460 U.S. at 16, 103 S.Ct. 927.
. See Rec. Doc. 5-1 at p. 11; Rec. Doc. 8 at p. 5.
. Murphy, 168 F.3d at 738; see also Evanston Ins. Co. v. Jimco, Inc., 844 F.2d 1185, 1191 (5th Cir. 1988) (“[The absence of a res] is not, however, a merely neutral item, of no weight in the scales.’’).
. Murphy, 168 F.3d at 738.
. Id.; see also Stewart, 438 F.3d at 492.
. Murphy, 168 F.3d at 738.
. Id.
. Id.
. See Rec. Doc. 5-1 atpp. 11-12.
. Evanston, 844 F.2d at 1192; see also Stewart, 438 F.3d at 492; Black Sea, 204 F.3d at 651.
. Murphy, 168 F.3d at 738; see also Moses H. Cone, 460 U.S. at 21, 103 S.Ct. 927.
. See Stewart, 438 F.3d at 492-93 (citing Murphy, 168 F.3d at 738-39 (“The Supreme Court has emphasized that a factor favoring dismissal of a federal suit is 'the apparent absence of any proceedings in the District Court, other than the filing of the complaint.’ ”) (quoting Colorado River, 424 U.S. at 820, 96 S.Ct. 1236)).
. See Rec. Doc. 5-1 at p. 13; Rec. Doc. 8 at P-11-
. Moses H. Cone, 460 U.S. at 26, 103 S.Ct. 927; Evanston, 844 F.2d at 1193.
. Evanston, 844 F.2d at 1193 (quoting Moses H. Cone, 460 U.S. at 25, 103 S.Ct. 927).
. See Rec. Doc. 5-1 at p. 13; Rec. Doc. 8 at p. 11.
. Evanston, 844 F.2d at 1193.
. Rec. Doc. 8 at p. 11.
. See generally Will v. Calvert Fire Ins. Co., 437 U.S. 655, 98 S.Ct. 2552, 57 L.Ed.2d 504 (1978).
. Black Sealnv., 204 F.3d at 651.
. Union Planters, 2002 WL 975675, at *3.
. Moses H. Cone, 460 U.S. at 16, 103 S.Ct. 927.
. Rec. Doc. 5.
Reference
- Full Case Name
- Steven MORRIS, Jr., Johnny Morris, individually and o/b/o his minor son, Zachary Morris and Ashley Griffin o/b/o her minor son, Zachary Morris v. SWDI, LLC
- Cited By
- 2 cases
- Status
- Published