Evanston Insurance Company v. Level Four Insurance Agency LLC
| Evanston Insurance Company |
| Level Four Insurance Agency LLC and Greg Anderson |
| Greg Anderson and Level Four Insurance Agency LLC |
| Evanston Insurance Company |
| 3:2025cv03474 |
| December 18, 2025 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Defendant |
Docket Report
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This docket was last retrieved on March 31, 2026. A more recent docket listing may be available from PACER.
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| Filing 24 Joint STIPULATION OF DISMISSAL by Greg Anderson, Level Four Insurance Agency LLC. (Smeltzer, Joshua) |
| Civil Case Terminated pursuant to the Stipulation of Dismissal. (chmb) |
| Filing 23 (Sealed) Attorney Contact Information filed by Greg Anderson, Level Four Insurance Agency LLC(Notice: Any required service of this document is the responsibility of the filer.) (Smeltzer, Joshua) Modified on 3/25/2026 (ykp). |
Filing 22
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 3/24/2026) (chmb)
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Filing 21
ELECTRONIC ORDER granting #16 Application for Admission Pro Hac Vice of Darion M. Alexander. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 3/24/2026) (chmb)
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Filing 20
ELECTRONIC ORDER granting #15 Application for Admission Pro Hac Vice of Daniel J. Healy. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 3/24/2026) (chmb)
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Filing 19
ELECTRONIC ORDER: Plaintiff Evanston Insurance Company filed this case in federal court on the basis of diversity of citizenship jurisdiction under 28 U.S.C. § 1332. Doc. No. 11 at 3 (second amended complaint). Subsequently, Defendants Level Four Insurance Agency, LLC and Greg Anderson filed their Certificate of Interested Persons/Disclosure Statement (the "Certificate") (Doc. No. 18). Federal Rule of Civil Procedure 7.1(a)(2) requires an additional disclosure statement in all cases before the Court on diversity jurisdiction under § 1332. Each party's disclosure statement must "name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party[.]" Fed. R. Civ. P. 7.1(a)(2) (emphasis added). Defendants filed their Certificate but failed to include the required citizenship disclosure. Accordingly, Defendants shall file an amended certificate of interested persons that includes the required Rule 7.1(a)(2) disclosure by March 31, 2026. (Ordered by Judge Ed Kinkeade on 3/24/2026) (chmb)
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| Filing 18 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Greg Anderson, Level Four Insurance Agency LLC. (Clerk QC note: No affiliate entered in ECF). (Smeltzer, Joshua) |
| Filing 17 Answer and Counterclaims to First Amended Complaint For Declaratory Judgement ANSWER to #11 Amended Complaint,, with Jury Demand filed by Greg Anderson, Level Four Insurance Agency LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against Evanston Insurance Company filed by Greg Anderson, Level Four Insurance Agency LLC (Attachments: #1 Exhibit(s) 1) (Smeltzer, Joshua) |
| Filing 16 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Darion M. Alexander (Filing fee $100; Receipt number ATXNDC-16297728) filed by Greg Anderson, Level Four Insurance Agency LLC (Smeltzer, Joshua) |
| Filing 15 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Daniel J. Healy (Filing fee $100; Receipt number ATXNDC-16297704) filed by Greg Anderson, Level Four Insurance Agency LLC Attorney Joshua David Smeltzer added to party Greg Anderson(pty:dft), Attorney Joshua David Smeltzer added to party Level Four Insurance Agency LLC(pty:dft) (Smeltzer, Joshua) |
| Filing 14 WAIVER OF SERVICE Returned Executed as to All Defendants; waiver sent 1/20/2026. (Wojciechowski, Marc) Modified text on 2/4/2026 (cfk). |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Evanston Insurance Company. (Clerk QC note: Affiliate entry indicated). (Wojciechowski, Marc) |
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Filing 12
ELECTRONIC ORDER: The Court is in receipt of Plaintiff Evanston Insurance Company's ("Evanston") Second Amended Complaint for Declaratory Judgment (the "Second Amended Complaint") (Doc. No. 11). However, the Second Amended Complaint does not include a certificate of interested persons as required by this Court's Local Civil Rules. See L. Civ. R. 3.1(c). Accordingly, the Court ORDERS Plaintiff Evanston to file a certificate of interested persons that complies with this Court's Local Civil Rules AND Federal Rule of Civil Procedure 7.1(a)(2) by February 10, 2026. See Fed. R. Civ. P. 7.1(a)(2) (in cases brought in federal court under 28 U.S.C. § 1332(a), the [certificate of interested persons] must include a disclosure statement that "name[s]-and identif[ies] the citizenship of-every individual or entity whose citizenship is attributed to that party[.]"). (Ordered by Judge Ed Kinkeade on 2/3/2026) (chmb)
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| Filing 11 AMENDED COMPLAINT against All Defendants filed by Evanston Insurance Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A) (Wojciechowski, Marc) |
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Filing 10
ELECTRONIC ORDER: The Court previously ordered Plaintiff Evanston Insurance Company ("Evanston") to file an amended complaint that corrects deficiencies in the jurisdictional allegations contained in Evanston's Original Complaint for Declaratory Judgment (Doc. No. 1). See Doc. No. 8 (Court's January 8, 2026 order). Evanston filed this case in federal court on the basis of diversity of citizenship jurisdiction under 28 U.S.C. § 1332. See Doc. No. 1 at 2. However, as the Court stated in its prior order, Plaintiff Evanston failed to sufficiently allege the citizenship of Defendant Level Four Insurance Agency ("Level Four") and Defendant Greg Anderson ("Anderson"). See Doc. No. 8. As a result, the Court ordered Evanston to file an amended complaint correcting these deficiencies. See id. Subsequently, Evanston timely filed its First Amended Complaint for Declaratory Judgment (the "Amended Complaint") (Doc. No. 9).In its Amended Complaint, Evanston alleges that "Defendant Level Four Insurance Agency, LLC is a division of Level Four Group, LLC[.]" Doc. No. 9 at 1. Evanston then alleges the identity and citizenship of each member of Level Four Group, LLC. Id. at 1-2. Further, Evanston alleges that "Defendant Greg Anderson is an individual domiciled in, and citizen of, Texas and for diversity of citizenship purposes is a Texas domiciled citizen." Id. at 2.Again, the Court has "an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party." Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006) (citing Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 584 (1999)). As an initial matter, the Court finds that Evanston's Amended Complaint properly alleges the citizenship of Defendant Anderson. See Doc. No. 9 at 2; see also SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 407 (5th Cir. 2023) ("[f]or natural persons, § 1332 citizenship is determined by domicile, which requires residency plus an intent to make the place of residency one's permanent home."). However, the Court does not find that Evanston has corrected the deficiencies in its allegations of Defendant Level Four's citizenship. The Court reminds Evanston that the citizenship of a limited liability company ("LLC") is determined by the citizenship of its members through every organizational layer. See Carden v. Arkoma Assocs., 494 U.S. 185, 196 (1990); Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1079-1080 (5th Cir. 2008); see also V & M Star, LP v. Centimark Corp., 596 F.3d 354, 356 (6th Cir. 2010) (if any member of the LLC is itself an unincorporated association, such as a partnership or LLC, the court must "know the citizenship of each 'sub-member' as well."). Plaintiff Evanston alleges that Defendant Level Four is a "division" of Level Four Group, LLC. Doc. No. 9 at 1. In the Court's view, stating that Defendant Level Four is a "division" of Level Four Group, LLC implies an allegation of ownership. However, the citizenship of an LLC is determined by each of its members, NOT simply its owners. See SXSW, 83 F.4th at 408 ("[] there is a potentially important difference between LLC membership and LLC ownership. State law governs LLC formation and organization. Several states permit LLC membership without ownership.") (emphasis added). In this case, Evanston's allegation that Defendant Level Four is a "division" of Level Four Group, LLC may very well be an allegation that Level Four Group, LLC is Defendant's only member. Doc. No. 9 at 1. However, the Court finds it equally possible here that Plaintiff may be alleging that Level Four Group, LLC is Defendant's owner, which would be insufficient to properly allege Defendant's citizenship. Either way, clear allegations of the citizenship of each member are required, and the Court does not find Plaintiff's allegations sufficiently clear. See SXSW, L.L.C., 83 F.4th at 408. Again, the Court reminds Plaintiff Evanston that membership is the proper test for an LLC's citizenship, not simply ownership. Id. (emphasis added).For the foregoing reasons, the Court ORDERS Plaintiff Evanston to file a second amended complaint properly alleging the citizenship of Defendant Level Four Insurance Agency, LLC by February 6, 2026. If Plaintiff fails to amend or fails to do so sufficiently, the Court WILL IMMEDIATELY dismiss this case without prejudice and without further notice. Fed. R. Civ. P. 12(h); Stafford v. Mobil Oil Corp., 945 F.2d 803, 805 (5th Cir. 1991) ("Failure to adequately allege the basis for diversity jurisdiction mandates dismissal."). (Ordered by Judge Ed Kinkeade on 1/27/2026) (chmb)
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| Filing 9 AMENDED COMPLAINT against All Defendants filed by Evanston Insurance Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Wojciechowski, Marc) |
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Filing 8
ELECTRONIC ORDER: The Court has "an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party." Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006) (citing Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999)). Plaintiff Evanston Insurance Company ("Evanston") filed its Original Complaint for Declaratory Judgment (Doc. No. 1) in federal court on the basis of diversity of citizenship jurisdiction under 28 U.S.C. § 1332. Doc. No. 1 at 2. Accordingly, the parties' citizenship must be completely diverse in that no plaintiff can share the same state citizenship as any defendant. See Corfield v. Dallas Glen Hills LP, 355 F.3d 853, 857 (5th Cir. 2003). To establish diversity jurisdiction, the citizenship of each party must be "distinctly and affirmatively alleged." Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988). Defendant Level Four Insurance Agency, LLC ("Level Four") is a limited liability company ("LLC") and Defendant Greg Anderson ("Anderson") is an "individual residing in Texas." Doc. No. 1 at 1-2. The Court will first address the citizenship of an LLC, which is determined by the citizenship of each of the LLC's members. Carden v. Arkoma Assocs., 494 U.S. 185, 196 (1990); see also V & M Star, LP v. Centimark Corp., 596 F.3d 354, 356 (6th Cir. 2010) (the court must also know the citizenship of each "sub-member"). Further, allegations of an LLC's citizenship must include the identity of EACH member as well as EACH member's citizenship. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 314 (5th Cir. 2019) (emphasis added). However, Evanston's allegations of Level Four's citizenship are insufficient. Evanston alleges that "[f]ilings with the Texas Secretary of State indicate Level Four is a resident of the State of Texas for purposes of diversity jurisdiction since its members appear to be Texas residents." Doc. No. 1 at 1. There are two significant issues with this allegation. First, for any LLC members who are natural persons, "citizenship and residence, as often declared by this court, are not synonymous terms." Robertson v. Cease, 97 U.S. 646, 648 (1878). For diversity purposes, a natural person's state citizenship, NOT residence, is the proper inquiry. The Court reminds Evanston that "[f]or natural persons, § 1332 citizenship is determined by domicile, which requires residency plus an intent to make the place of residency one's permanent home." SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 407 (5th Cir. 2023) (emphasis added). Second, the Court does not find that references to filings with the Texas Secretary of State "distinctly and affirmatively" allege citizenship for diversity purposes. See Getty Oil, 841 F.2d at 1259. Citizenship allegations must be affirmative on the record, and the Court does not find anything affirmative in these allegations. Evanston must identify each member and their citizenship, through every layer, so that the Court can know Level Four's citizenship.Evanston's allegation of Defendant Greg Anderson's citizenship is likewise deficient. Evanston alleges that Anderson is "an individual residing in Texas and for diversity of citizenship purposes is a Texas resident." Doc. No. 1 at 2. As the Court points out in the foregoing paragraph, merely alleging a natural person's "residence" is not sufficient for diversity purposes. For natural persons, § 1332 citizenship is determined by DOMICILE, which requires residency plus an intent to make that residency permanent. See SXSW, 83 F.4th at 407 (emphasis added). Evanston's allegation of Anderson's residence is not enough to establish Anderson's state citizenship on the record.Accordingly, the Court ORDERS Plaintiff Evanston Insurance Company to file an amended complaint that corrects the foregoing deficiencies by January 15, 2026. If Evanston fails to amend or fails to do so sufficiently, the Court will dismiss this case without prejudice and without further notice. Fed R. Civ. P. 12(h); Stafford v. Mobil Oil Corp., 945 F.2d 803, 805 (5th Cir. 1991) ("Failure to adequately allege the basis for diversity jurisdiction mandates dismissal."). (Ordered by Judge Ed Kinkeade on 1/8/2026) (chmb)
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| Filing 7 NOTICE of Retention of Local Counsel filed by Evanston Insurance Company (Wojciechowski, Marc) |
| Filing 6 Summons Issued as to Greg Anderson, Level Four Insurance Agency LLC. (axm) |
| Filing 5 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge McKay). Clerk to provide copy to plaintiff if not received electronically. (axm) |
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Filing 4
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 12/18/2025) (chmb)
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Filing 3
ELECTRONIC STANDING ORDER: This Court requires all counsel of record to review and comply with the undersigned's Judge Specific Requirements as well as the Local Civil Rules for the Northern District of Texas upon making an appearance in a matter before this Court. These can be found at # Judge Specific Requirements and # Local Civil Rules . Further, counsel shall refer to this Court's Judge Specific Requirements and the Local Civil Rules prior to calling chambers with any questions. The Court calls specific attention to Local Civil Rule 7.2(f), which addresses the disclosure of the use of generative artificial intelligence, and Local Civil Rule 83.10, which address the requirement of local counsel. (Ordered by Judge Ed Kinkeade on 12/18/2025) (chmb)
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Filing 2
ELECTRONIC ORDER: Local Civil Rule 83.10(a) requires the appearance of local counsel where the attorney of record for a party does not reside or maintain their principal office in this district. By January 2, 2026, Plaintiff, shall file the entry of appearance of local counsel who satisfies the requirements of Local Civil Rule 83.10(a). Further, upon said appearance, the undersigned requires local counsel to sign all documents filed with this Court pursuant to Rule 11 of the Federal Rules of Civil Procedure. The undersigned's Judge Specific Requirements can be found at https://www.txnd.uscourts.gov/judge/district-judge-ed-kinkeade. Failure to include local counsel's signature will result in the document being UNFILED without further notice and regardless of any filing related deadline. (Ordered by Judge Ed Kinkeade on 12/18/2025) (chmb)
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| Filing 1 COMPLAINT against Greg Anderson, Level Four Insurance Agency, LLC filed by Evanston Insurance Company. (Filing fee $405; Receipt number ATXNDC-16067888) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Cover Sheet, #3 Summons in a Civil Action, #4 Summons in a Civil Action) (Wojciechowski, Marc) |
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