Starr Indemnity & Liability Company v. Premier Craneworks, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

STARR INDEMNITY & § PLAINTIFF LIABILITY COMPANY § § v. § Civil No. 1:22-cv-64-HSO-RHWR § § PREMIER CRANEWORKS, LLC, § DEFENDANTS et al. § ORDER REQUIRING PLAINTIFF TO BRIEF SUBJECT-MATTER JURISDICTION OR FILE AN AMENDED COMPLAINT THAT ADDRESSES SUBJECT-MATTER JURISDICTION This matter is before the Court sua sponte to consider its subject-matter jurisdiction over this case. Plaintiff Starr Indemnity & Liability Company (“Plaintiff”) has not fully addressed subject-matter jurisdiction in its Amended Complaint [5] and it is not facially apparent from the Amended Complaint [5] that subject-matter jurisdiction exists. Plaintiff is required to brief this issue or file an amended complaint on or before May 3, 2022.

No federal question is apparent on the face of the Amended Complaint [5], and the Amended Complaint [5] lacks the information required to determine if diversity jurisdiction is present. On April 6, 2022, Plaintiff was directed to file a brief or amended complaint that distinctly and affirmatively alleged the parties’ citizenship. Order [3]. Plaintiff filed an Amended Complaint [5] on April 19, 2022, but failed to distinctly and affirmatively allege the citizenship of Defendant Berkley National Insurance Company.

Specifically, Plaintiff merely claims that Defendant Berkley National Insurance Company “is a foreign insurer licensed to do and doing business in Mississippi.” Am. Compl. [5] at 3; see Gary v. Allstate Vehicle & Prop. Ins. Co., No. 22-cv-943, 2022 WL 1087488, at *1 (W.D. La. Apr., 11, 2022) (finding that the plaintiff had failed to sufficiently allege the defendant’s citizenship by merely referring to the defendant “as a foreign insurance company authorized to do business in Louisiana”). Plaintiff provides no information on what type of entity Berkley National Insurance Company is or of what state(s) it is a citizen. Plaintiff claims to be proceeding under diversity jurisdiction, but in order to do so it must provide the parties’ citizenship. See Am. Compl. [5] at 3.

IT IS, THEREFORE ORDERED AND ADJUDGED that, Plaintiff must on or before May 3, 2022, file a brief or amended complaint that distinctly and affirmatively alleges the parties’ citizenship.

SO ORDERED AND ADJUDGED, this the 19th day of April, 2022. s/ Halil Suleyman Ozerden HALIL SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE