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Motor Vehicle | Louisiana Middle
Oral Order
NOTICE AND ORDER: Defendant Anita Tribble filed her 1 Notice of Removal alleging that the basis for subject matter jurisdiction in this case is diversity of citizenship under 28 U.S.C. 1332. The Notice of Removal alleges that the amount in controversy is met based on Plaintiff Davione Irvin's past medical expenses totaling $594,587.48, as evidenced by a lien placed by Our Lady of the Lake Hospital (R. Doc. 1, para. 13; R. Doc. 1-5) and correspondence from Plaintiffs counsel indicating that Plaintiff is permanently paralyzed. R. Doc. 1, para. 11; R. Doc. 1-3. The Notice of Removal adequately alleges Defendant's Mississippi citizenship (R. Doc. 1, para. 6; R. Doc. 1-2); however, the Notice of Removal does not adequately allege the citizenship of Plaintiff because it relies on the allegations of the Petition, which only state Plaintiff's residency. See R. Doc. 1, para. 3 (referencing the Petition, which says Plaintiff resides in Louisiana); R. Doc. 1-1, p. 2, introductory paragraph. While "the place of residence is prima facie the domicile," "[c]itizenship requires not only '[r]esidence in fact' but also 'the purpose to make the place of residence ones home,'" and therefore residency allegations, standing alone, do not satisfy the requirement of an allegation of citizenship. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313-14 (5th Cir. 2019) (citations omitted). Accordingly, IT IS ORDERED that by no later than August 31, 2026, Defendant shall file a motion to substitute, with a self-contained amended Notice of Removal attached, that properly alleges the citizenship of all parties. Signed by Magistrate Judge Erin Wilder-Doomes on 8/24/2026. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
Status Report
Joint STATUS REPORT by Davoine Irvin. (Nims, Tucker)
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