Simon v. Gulfport Energy Corp

Simon v. Gulfport Energy Corp

Plaintiff:	Thomas Simon
Defendant:	Gulfport Energy Corp
Case Number:	6:2012cv03004
Filed:	November 30, 2012
Court:	US District Court for the Western District of Louisiana
Office:	Lafayette Office
County:	Acadia
Presiding Judge:	Patrick J Hanna
Presiding Judge:	Richard T Haik
Nature of Suit:	Marine
Cause of Action:	28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By:	Defendant

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Date Filed	Document Text
October 17, 2013	Filing 44 SUE SPONTE JURISDICTIONAL BRIEFING ORDER: This case was timely removed from the 15th JDC, Lafayette Parish on 11/30/2012, based on the diversity of the parties and the allegation that the amount in controversy was in excess of $75,000, exclusiv e of interest and costs. [Doc. 1] A jurisdictional review was done by the undersigned on 1/31/2013, concluding that the requisites for diversity jurisdiction had been met. [Doc. 9] The undersigned finds that the allegations of the plaintiffs amending petition are insufficient to establish that the newly-added parties are diverse in citizenship and/or whether diversity has been destroyed. When jurisdiction is based on diversity, the citizenship of the parties must be distinctly and affirmatively alleged. In this case, the citizenships of the parties have not been distinctly and affirmatively set out in either the amending complaint or the responsive pleadings. Accordingly, the undersigned cannot determine, on the basis of the information sup plied thus far, whether the newly added parties are or are not diverse in citizenship. Whether this court has jurisdiction over this action, as amended, is a threshold matter that cannot be resolved on the face of the pleadings filed to date. Accor dingly, IT IS ORDERED that the parties shall submit, not later than 21 days after the date of this order, sufficient facts addressing the citizenship of the parties and supporting all relevant facts with summary- judgment-type evidence. Signed by Magistrate Judge Patrick J Hanna on 10/17/2013. (crt,Putch, A)

Date Filed

Document Text

October 17, 2013

Filing 44 SUE SPONTE JURISDICTIONAL BRIEFING ORDER: This case was timely removed from the 15th JDC, Lafayette Parish on 11/30/2012, based on the diversity of the parties and the allegation that the amount in controversy was in excess of $75,000, exclusiv e of interest and costs. [Doc. 1] A jurisdictional review was done by the undersigned on 1/31/2013, concluding that the requisites for diversity jurisdiction had been met. [Doc. 9] The undersigned finds that the allegations of the plaintiffs amending petition are insufficient to establish that the newly-added parties are diverse in citizenship and/or whether diversity has been destroyed. When jurisdiction is based on diversity, the citizenship of the parties must be distinctly and affirmatively alleged. In this case, the citizenships of the parties have not been distinctly and affirmatively set out in either the amending complaint or the responsive pleadings. Accordingly, the undersigned cannot determine, on the basis of the information sup plied thus far, whether the newly added parties are or are not diverse in citizenship. Whether this court has jurisdiction over this action, as amended, is a threshold matter that cannot be resolved on the face of the pleadings filed to date. Accor dingly, IT IS ORDERED that the parties shall submit, not later than 21 days after the date of this order, sufficient facts addressing the citizenship of the parties and supporting all relevant facts with summary- judgment-type evidence. Signed by Magistrate Judge Patrick J Hanna on 10/17/2013. (crt,Putch, A)

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Plaintiff: Thomas Simon
Represented By:	Keith Paul Saltzman
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Defendant: Gulfport Energy Corp
Represented By:	Marc D Moroux
Represented By:	Michael J Juneau
Represented By:	Mason Cire Johnson
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