Westchester Fire Insurance Company v. The Shaw Group, Inc.

District Court, M.D. Louisiana

Westchester Fire Insurance Company v. The Shaw Group, Inc.

Trial Court Opinion

MIDDLE DISTRICT OF LOUISIANA

WESTCHESTER FIRE INSURANCE CIVIL ACTION COMPANY

VERSUS NO. 19-609-JWD-RLB THE SHAW GROUP, INC., ET AL.

O R D E R

The court sua sponte notes the potential insufficiency of the plaintiff’s allegation of the citizenship of the parties as follows: A party invoking diversity jurisdiction must allege both the state of incorporation and principal place of business1 of each corporate party. See, e.g., Illinois Central Gulf Railroad Co. v. Pargas, Inc.,

706 F.2d 633

(5th Cir. 1983). The Complaint provides the “domicile address” of various corporate entities. The principal place of business, however, of The Shaw Group, Inc., Shaw Management Services One, Inc., Shaw Maintenance Inc., and Stone and Webster, Inc. is not provided. Accordingly, IT IS ORDERED, pursuant to

28 U.S.C. §1653

, that, on or before September 30, 2019, the plaintiff shall file an amended complaint providing the citizenship of defendant The Shaw Group, Inc., Shaw Management Services One, Inc., Shaw Maintenance Inc., and Stone and Webster, Inc., by setting forth all citizenship particulars required to sustain federal diversity jurisdiction. Signed in Baton Rouge, Louisiana, on September 19, 2019. S RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE

1 The phrase “principal place of business” in §1332(c)(1) refers to the place where a corporation’s high level officers direct, control, and coordinate the corporation’s activities, i.e., its “nerve center,” which will typically be found at its corporate headquarters. Hertz Corp. v. Friend,

130 S.Ct. 1181

,

175 L.Ed.2d 1029

(2010)

Reference

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