Francisco et al v. Oxbow Calcining, LLC
| Stewart Francisco, Deadra Francisco and Malachi Ridgley |
| Oxbow Calcining, LLC |
| 3:2023cv01179 |
| August 29, 2023 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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Filing 9
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (LLH)
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| Filing 8 JUDGMENT: For reasons set forth in the #7 Magistrate Judge's 10/24/2023 Show Cause Hearing Report And Recommendation. The above-captioned action be and is hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Signed by Judge Brian A. Jackson on 10/25/2023. (LLH) |
| Filing 7 Minute Entry/Show Cause Hearing Report and Recommendation for proceedings held before Magistrate Judge Erin Wilder-Doomes. Telephone Conference held on 10/24/2023. The Court questioned Plaintiffs counsel regarding whether this Court has subject matterjurisdiction under 28 U.S.C. 1332 as alleged in the Complaint. It Is RECOMMENDED that all claims of Plaintiffs Stewart Francisco, individually and onbehalf of his minor children, RF and SF, Jr.; Deadra Francisco; and Malachi Ridgley in this case be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. (ELW) |
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Filing 6
NOTICE AND ORDER: ON August 31, 2023, Plaintiffs Stewart Francisco (individually and on behalf of his minor children, RF and SF, Jr.), Deadra Francisco, and Malachi Ridgely were ordered to file a motion for leave with a proposed comprehensive amended Complaint attached that properly alleges the citizenship of all parties by no later than September 7, 2023. Due to Plaintiffs failure to comply with the Court's Order, Plaintiffs shall appear via Zoom through counsel and show cause on October 20, 2023 at 11:00 a.m. why this case should not be dismissed for lack of subject matter jurisdiction. Participant instructions are attached. If Plaintiff complies with the August 31, 2023 Order by October 13, 2023, the show cause hearing will be canceled. Signed by Magistrate Judge Erin Wilder-Doomes on 9/29/2023. (BLR)
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Filing 5
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 12/13/2023 at 03:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 11/30/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 9/25/2023. (BLR)
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Filing 4
NOTICE AND ORDER: Plaintiffs Stewart Francisco (individually and on behalf of his minor children, RF and SF, Jr.), Deadra Francisco, and Malachi Ridgely filed a #1 Complaint, alleging that this Court has subject matter jurisdiction under 28 U.S.C. 1332. Defendant Oxbow Calcining, LLC is alleged to be a "Delaware limited liability company whose principal place of business is located in the State of Florida." R. Doc. 1, para. 2. This allegation is insufficient to establish Defendants citizenship for diversity purposes. The citizenship of a limited liability company is determined by the citizenship of all its members, each of which must be specifically identified by name (and associated citizenship). Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008) and Nunez v. ACE Am. Ins. Co., No. 17-1593, 2017 WL 6997341, at *4 (M.D. La. Dec. 28, 2017). Accordingly, IT IS ORDERED that by no later than September 7, 2023, Plaintiff shall file a motion for leave to file an amended Complaint that properly alleges the citizenship of all parties. To avoid the risk of confusion, the proposed amended complaint should include all Plaintiff's numbered allegations, as revised, supplemented, and/or amended. If the motion for leave to amend is granted, the amended Complaint will become the operative Complaint in this matter without reference to any other document in the record. This case will be allowed to proceed if jurisdiction is adequately established, as citizenship has been adequately alleged for Plaintiffs, and the amount in controversy appears to be met. Signed by Magistrate Judge Erin Wilder-Doomes on 8/31/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 3 Summons Issued as to Oxbow Calcining, LLC. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (BLR) |
| Filing 2 Certificate of Interested Persons by Deadra Francisco, Stewart Francisco, Malachi Ridgley identifying Affiliate/Interested Person Oxbow Calcining, LLC, Affiliate/Interested Person Sean D. Fagan, Affiliate/Interested Person Stewart Francisco, Affiliate/Interested Person Deadra Francisco, Affiliate/Interested Person Malachi Ridgley for Deadra Francisco, Malachi Ridgley, Stewart Francisco. (BLR) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ALAMDC-2628439.), filed by Stewart Francisco, Deadra Francisco, Stewart Francisco, obo minor SF, Jr, Stewart Francisco, obo minor RF. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment Summons, #3 Attachment Certificate of Interested Persons)(Fagan, Sean) |
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