UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

WITTEN ROOFING, LLC CIVIL ACTION NO. 22-cv-1341

VERSUS JUDGE ELIZABETH E. FOOTE

VALLEY FORGE INSURANCE CO MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER Witten Roofing, LLC filed this civil action based on an assertion of diversity jurisdiction, which puts the burden on it to set forth specific allegations that show complete diversity of citizenship of the parties and an amount in controversy in excess of $75,000. The allegations in the complaint are sufficient as to the amount in controversy and the citizenship of defendant Valley Forge Insurance Company, but more information is needed with regard to the citizenship of Witten Roofing. Witten Roofing alleges that it is a “Louisiana limited liability corporation” with its principal place of business in Louisiana. This allegation is ambiguous as to whether Witten is a corporation or an unincorporated limited liability company. If it is a limited liability company, as its name suggests, its citizenship is determined by the citizenship of all of its members, with its state of organization or principal place of business being irrelevant. Harvey v. Grey Wolf Drilling Co.,

(5th Cir. 2008). “A party seeking to establish diversity jurisdiction must specifically allege the citizenship of every member of every LLC or partnership involved in a litigation.” Settlement Funding, L.L.C. v. Rapid Settlements, Ltd.,

(5th Cir. 2017). If the members are themselves partnerships, LLCs, corporations or other form of entity, their citizenship must be alleged in accordance with the rules applicable to that entity, and the citizenship must be traced through however many layers of members or partners there may be. Mullins v. TestAmerica Inc.,

(Sth Cir. 2009); Rodidaco, Inc. v. Chesapeake Energy Louisiana Corp.

(W.D. La. 2018). Witten Roofing must file, no later than June 6, 2022, an amended complaint that clarifies whether it is a corporation or a limited liability company. If it is a limited liability company, the amended complaint must specifically identify its members and their citizenship in accordance with the applicable rules. THUS DONE AND SIGNED in Shreveport, Louisiana, this 24th day of May, 2022.

rAd Mark L. Hornsby U.S. Magistrate Judge

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