Opinion

Slaughter v. Allstate Indemnity Company

Court
District Court, S.D. Ohio
Filed
Jun 9, 2023
Cited by
0 cases
Authority
More cited than 28.4%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

DAVID SLAUGHTER,

Plaintiff,

v. Civil Action 2:23-cv-1883

Judge Edmund A. Sargus, Jr.

Magistrate Judge Chelsey M. Vascura

ALLSTATE INDEMNITY COMPANY,

Defendants.

ORDER

Defendant Allstate Indemnity Company filed its Notice of Removal on June 8, 2023,

relying on diversity of citizenship to satisfy federal subject-matter jurisdiction under 28 U.S.C.

§ 1332(a). (ECF No. 1.) In any action in which jurisdiction is based on diversity, Federal Rule of

Civil Procedure 7.1(a)(2) requires a party to file a disclosure statement that names and identifies

the citizenship of every individual or entity whose citizenship is attribute to that party or

intervenor with its first appearance in the action. Fed. R. Civ. P. 7.1(a)(2). Allstate Indemnity

Company has not filed such a statement.

Defendant Allstate Indemnity Company is therefore ORDERED to file a disclosure

statement in accordance with Rule 7.1(a)(2) within SEVEN DAYS identifying the citizenship of

every individual or entity whose citizenship is attributed to it at the time the case was

commenced. See Kaiser v. Loomis, 391 F.2d 1007, 1009 (6th Cir. 1968). The disclosure

statement must provide sufficient factual allegations for the Court to determine each party’s

citizenship according to the following standards:

Natural persons have the citizenship of the state in which they are domiciled. Von

Dunser v. Aronoff, 915 F.2d 1071, 1072 (6th Cir. 1990). Although this will often coincide with

the state in which a natural person resides, “domicile is not synonymous with a person’s

residence.” Persinger v. Extendicare Health Servs., Inc., 539 F. Supp. 2d 995, 996 (S.D. Ohio

2008) (citing Kaiser, 391 F.2d at 1009). “To acquire a domicile within a particular state, a person

must be physically present in the state and must have either the intention to make his home there

indefinitely or the absence of an intention to make his home elsewhere.” Stifel v. Hopkins, 477

F.2d 1116, 1120 (6th Cir. 1973). Domicile is determined based on “a variety of factors indicating

the extent of a particular party’s ties to the purported domicile.” Persinger, 539 F. Supp. at 997.

Those factors include:

[c]urrent residence; voting registration and voting practices; location of personal

and real property; location of brokerage and bank accounts; membership in unions;

fraternal organizations, churches, clubs and other associations; place of

employment or business; driver licenses and other automobile registration; [and]

payment of taxes.

Id. (quoting 13B Charles A. Wright, Arthur R. Miller, and Edward H. Cooper, Federal Practice

and Procedure § 3612 (2d ed. 1984)).

Corporations have the citizenship of any state in which they are incorporated and in

which they have a principal place of business. Hertz Corp. v. Friend, 559 U.S. 77, 80 (2010). A

corporation’s “principal place of business” refers to

the place where a corporation’s officers direct, control, and coordinate the

corporation’s activities. It is the place that Courts of Appeals have called the

corporation’s “nerve center.” And in practice it should normally be the place where

the corporation maintains its headquarters—provided that the headquarters is the

actual center of direction, control, and coordination, i.e., the “nerve center,” and not

simply an office where the corporation holds its board meetings (for example,

attended by directors and officers who have traveled there for the occasion).

Id. at 92–93.

Limited liability companies have the citizenship of each of their members. Delay v.

Rosenthal Collins Grp., LLC, 585 F.3d 1003, 1005 (6th Cir. 2009). In practice, this means that an

LLC’s members must be identified to determine whether they are natural persons, corporations,

LLCs, or partnerships, so that the appropriate test can be applied to determine the members’

citizenship.

Partnerships and limited partnerships have the citizenship of each of their partners

(both general and limited). Lincoln Prop. Co. v. Roche, 546 U.S. 81, 84 n.1 (2005) (citing

Carden v. Arkoma Assocs., 494 U.S. 185, 192–97 (1990)). Thus, similar to LLCs, all partners of

a partnership must be identified and their citizenship determined with the appropriate test.

Sole proprietorships have the citizenship of their sole proprietor (i.e., a natural person

doing business under a business name). Lyerla v. Amco Ins. Co., 461 F. Supp. 2d 834, 836 (S.D.

Ill. 2006); Strain v. Harrelson Rubber Co., 742 F.2d 888, 889 (5th Cir. 1984); 3LI Consultant

Grp. v. Cath. Health Partners, No. 1:15-CV-455, 2016 WL 246202, at *2 (S.D. Ohio Jan. 21,

2016). Thus, sole proprietorships have the citizenship of the state of domicile of their operator.

Allstate Indemnity Company is advised that failure to demonstrate complete diversity of

citizenship of the parties will result in remand of this action for lack of subject-matter

jurisdiction. See 28 U.S.C. § 1447(c) (“If at any time before final judgment it appears that the

district court lacks subject matter jurisdiction [over a removed case], the case shall be

remanded.”).

IT IS SO ORDERED.

/s/ Chelsey M. Vascura

CHELSEY M. VASCURA

UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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