Phelps v. Schindler Elevator Corp et al
| James R Phelps |
| Schindler Elevator Corp and American Towers L L C |
| 5:2012cv02831 |
| October 31, 2012 |
| US District Court for the Western District of Louisiana |
| Shreveport Office |
| XX US, Outside State |
| S Maurice Hicks |
| Mark L Hornsby |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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Filing
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MEMORANDUM ORDER. James Phelps filed this civil action based on diversity jurisdiction, which places the burden on him to allege with specificity the citizenship of the parties. His current complaint does not satisfy that burden, so he will need to file an amended complaint by November 30, 2012 to address the matters discussed in this order. The information needed to determine citizenship with respect to an LLC is not often found in any public records. Parties in the LLCs position ordinarily pr ovide the informationvoluntarily, and the LLC is encouraged to do so in this case so that this preliminary issue may be resolved as quickly and efficiently as possible. Plaintiff should immediately serve his complaint on the LLC so that communication can commence regarding this issue. If the LLC does not provide the information voluntarily, Plaintiff may request leave of court to conduct discovery on the issue. Signed by Magistrate Judge Mark L Hornsby on 11/6/12. (crt,Kennedy, T)
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