Candelas v. Tennessee Steel Haulers L L C

W.D. Louisiana

Candelas v. Tennessee Steel Haulers L L C

DecidedApril 14, 2025

Docket5:25-cv-00476

StatusUnknown

This text of Candelas v. Tennessee Steel Haulers L L C (Candelas v. Tennessee Steel Haulers L L C) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Candelas v. Tennessee Steel Haulers L L C, (W.D. La. 2025).

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

ANDRES CANDELAS ET AL CIVIL ACTION NO. 25-cv-476

VERSUS JUDGE TERRY A. DOUGHTY

TENNESSEE STEEL HAULERS, LLC, ET AL MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER Defendant Tennessee Steel Haulers, LLC filed its Diversity Jurisdiction Disclosure Statement (Doc. 1-7) and alleged that it is an LLC whose “sole owner” is Daseke TSH, LLC. The “sole owner” of Daseke TSH is Daseke Companies, Inc., a corporation registered in Delaware with its principal place of business in Texas. The citizenship of an LLC is determined by the citizenship of all of its members. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077 (5th Cir. 2008). “A party seeking to establish diversity jurisdiction must specifically allege the citizenship of every member of every LLC or partnership involved in a litigation.” Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017). It appears that by alleging the “sole owners” of the LLCs, Defendant meant to allege that they are the sole members, but that is not clear. Clarification is needed because ownership and membership are not always synonymous. SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 408 (5th Cir. 2023). Defendant must file, no later than April 21, 2025, an amended Diversity Jurisdiction Disclosure Statement that alleges its member(s) and their citizenship. With respect to Daseke Companies, Inc., a corporation is deemed to be a citizen of (1) the state in which it was incorporated and (2) the state where it has its principal place of business. 28 U.S.C. § 1332(c)(1). To establish diversity jurisdiction, a complaint or notice of removal must set forth with specificity a corporate party’s state of incorporation and its principal place of business. A statement that a corporation is “registered in” a state is not sufficient because corporations can be registered to do business in multiple states. The amended Diversity Jurisdiction Disclosure Statement must specifically allege the state in which Daseke Companies, Inc. is incorporated. THUS DONE AND SIGNED in Shreveport, Louisiana, this 14th day of April, 2025. Mark L. Hornsby U.S. Magistrate Judge

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

ANDRES CANDELAS ET AL CIVIL ACTION NO. 25-cv-476

VERSUS JUDGE TERRY A. DOUGHTY

TENNESSEE STEEL HAULERS, LLC, ET AL MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER Defendant Tennessee Steel Haulers, LLC filed its Diversity Jurisdiction Disclosure Statement (Doc. 1-7) and alleged that it is an LLC whose “sole owner” is Daseke TSH, LLC. The “sole owner” of Daseke TSH is Daseke Companies, Inc., a corporation registered in Delaware with its principal place of business in Texas. The citizenship of an LLC is determined by the citizenship of all of its members. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077 (5th Cir. 2008). “A party seeking to establish diversity jurisdiction must specifically allege the citizenship of every member of every LLC or partnership involved in a litigation.” Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017). It appears that by alleging the “sole owners” of the LLCs, Defendant meant to allege that they are the sole members, but that is not clear. Clarification is needed because ownership and membership are not always synonymous. SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 408 (5th Cir. 2023). Defendant must file, no later than April 21, 2025, an amended Diversity Jurisdiction Disclosure Statement that alleges its member(s) and their citizenship. With respect to Daseke Companies, Inc., a corporation is deemed to be a citizen of (1) the state in which it was incorporated and (2) the state where it has its principal place of business. 28 U.S.C. § 1332(c)(1). To establish diversity jurisdiction, a complaint or notice of removal must set forth with specificity a corporate party’s state of incorporation and its principal place of business. A statement that a corporation is “registered in” a state is not sufficient because corporations can be registered to do business in multiple states. The amended Diversity Jurisdiction Disclosure Statement must specifically allege the state in which Daseke Companies, Inc. is incorporated. THUS DONE AND SIGNED in Shreveport, Louisiana, this 14th day of April, 2025. Mark L. Hornsby U.S. Magistrate Judge

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