General Star Indemnity Company v. LP Goldberg Harry Hines, LLC
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Referred: | Brian Mckay |
| Case #: | 3:25-mc-00017 |
| Case Filed: | Mar 19, 2025 |
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| Docket last updated: 04/04/2025 11:59 PM CDT |
| Friday, April 04, 2025 | ||
| 8 | 8
order
Order Referring Case to Magistrate Judge
Fri 04/04 5:43 PM
ELECTRONIC ORDER REFERRING CASE. This case is hereby REFERRED to US Magistrate Judge Brian McKay for determination of Petitioner's Amended Application to Appoint an Umpire. (Ordered by Judge Ed Kinkeade on 4/4/2025) (chmb) |
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| Wednesday, March 26, 2025 | ||
| 7 | 7
service
Summons Issued
Wed 03/26 11:35 AM
Summons Issued as to LP Goldberg Harry Hines LLC. (ykp) |
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| Tuesday, March 25, 2025 | ||
| 6 | 6
misc
Request for Clerk to Issue Document
Tue 03/25 4:56 PM
Request for Clerk to issue Summons in a Civil Action filed by General Star Indemnity Company. (O'Malley, Shannon) |
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| 5 | 5
misc
Amended Document
Tue 03/25 4:47 PM
AMENDED DOCUMENT by General Star Indemnity Company. Amendment to1 Miscellaneous Case Initiating Documents. Amended Application to Appoint an Umpire . (O'Malley, Shannon) |
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| Friday, March 21, 2025 | ||
| 4 | 4
service
Summons Issued
Fri 03/21 10:57 AM
Summons Issued as to LP Goldberg Harry Hines LLC. (ykp) |
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| Thursday, March 20, 2025 | ||
| 3 | 3
misc
Request for Clerk to Issue Document
Thu 03/20 4:54 PM
Request for Clerk to issue Summons in a Civil Action filed by General Star Indemnity Company. (O'Malley, Shannon) |
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| 2 | 2
order
Order
Thu 03/20 10:39 AM
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)). Petitioner General Star Indemnity filed this case in federal court on the basis of diversity jurisdiction, 28 U.S.C. § 1332(a). Doc. No. 1 at 1. Therefore, the parties citizenship must be completely diverse in that each plaintiff must have a different citizenship from each defendant. Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am. , 841 F.2d 1254, 1258 (5th Cir. 1988); see Corfield v. Dallas Glen Hills LP , 355 F.3d 853, 857 (5th Cir. 2003). Further, "[w]hen jurisdiction depends on citizenship, citizenship 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). For diversity purposes, the citizenship of a limited liability company ("LLC") is determined by the citizenship of each of its 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) (court must also know citizenship of each "sub-member"). These allegations must include EACH member's identity and their citizenship , through every layer where relevant. MidCap Media Fin., L.L.C. v. Pathway Data, Inc. , 929 F.3d 310, 314 (5th Cir. 2019) (emphasis added). "For 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) (citing Gilbert v. David , 235 U.S. 561, 568-69 (1915)); accord Preston v. Tenet Healthsystem Mem'l Med. Ctr., Inc. , 485 F.3d 793, 799 (5th Cir. 2007) ("Domicile requires the demonstration of two factors: residence and the intention to remain."). "Citizenship and residence, as often declared by this court, are not synonymous terms." MidCap Media , 929 F.3d at 313 (quoting Robertson v. Cease , 97 U.S. 646, 648 (1878)). Petitioner alleges that Respondent LP Goldberg Harry Hines, LLC is a limited liability company whose principal place of business is in Dallas, Texas and "whose members include William Sung Lee, who resides at 2109 Raintree Dr., Irving, Texas 75063; Jay Hong Lee, who resides at 2109 Raintree, Irving, Texas, 75063, and Choong Deuk Park, who resides at 2143 Moonlight Bay, Flower Mound, Texas 75022." Doc. No. 1 at 1 (emphasis added). Petitioner then alleges that Respondent is a citizens of Texas. First, Petitioner's language very strongly suggests these are not Respondent's only members. Case law is clear that Petitioner must identify every member of Respondent. Next, an allegation of a member's residency is not an allegation of their citizenship as required and is, therefore, insufficient for diversity purposes. At this time, the Court cannot determine whether the parties are indeed completely diverse in their citizenship; therefore, Petitioner has not met its burden to establish the Court's subject matter jurisdiction. See St. Paul Reinsurance Co. v. Greenburg , 134 F.3d 1250, 1253 (5th Cir. 1998). No later than March 27, 2025, Petitioner may amend its Application to Appoint an Umpire to address the jurisdictional deficiencies identified in this Order. If Petitioner 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 adequately to allege the basis for diversity jurisdiction mandates dismissal."). (Ordered by Judge Ed Kinkeade on 3/20/2025) (chmb) |
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qcref
Kinkeade
Thu 03/20 9:38 AM
New Case Notes: A filing fee has been paid. Case preliminarily assigned to Judge McKay for items that may be referred. (kcr) |
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| Wednesday, March 19, 2025 | ||
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cmp
Miscellaneous Case Initiating Documents
Wed 03/19 7:30 PM
Petition General Star Indemnity Company's Application to Appoint an Umpire filed by General Star Indemnity Company. (Filing fee $52; Receipt number ATXNDC-15354674) (O'Malley, Shannon) |
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