Fontenot v. Union Pac. R.R. Co.

374 F. Supp. 3d 597
CourtDistrict Court, W.D. Louisiana
DecidedMarch 20, 2019
DocketCIVIL ACTION NO. 17-785
StatusPublished
Cited by2 cases

This text of 374 F. Supp. 3d 597 (Fontenot v. Union Pac. R.R. Co.) 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.

Bluebook
Fontenot v. Union Pac. R.R. Co., 374 F. Supp. 3d 597 (W.D. La. 2019).

Opinion

SUSIE MORGAN, UNITED STATES DISTRICT JUDGE

Before the Court is a motion to remand, filed by Plaintiffs Dana Quebedeaux Fontenot and Michael Gene Fontenot.1 The motion is opposed.2 For the reasons that follow, the motion to remand is GRANTED .

BACKGROUND

Plaintiffs allege that, on May 12, 2016, Plaintiff Dana Quebedeaux Fontenot was driving through a railroad crossing when she was struck by a railroad vehicle.3 She alleges she suffered injuries as a result.4

On May 11, 2017, Plaintiffs filed suit in the Twenty-Seventh Judicial District Court for the Parish of St. Landry.5 They named as defendants Union Pacific Railroad Company ("Union Pacific"), as owner of the railroad crossing; Akers Railroad *600Contracting, LLC ("Akers"), as owner of the railroad vehicle; Jesse Andrew Sims, an Akers employee they allege was operating the railroad vehicle; and Progressive Casualty Insurance Company ("Progressive"), as the insurer of Akers and Sims.6 Plaintiffs also named as a defendant an unknown John Doe, a Union Pacific employee "in the course and scope of his employment" with Union Pacific.7 Plaintiffs alleged John Doe and Union Pacific were negligent in the following ways:

1. Failing to maintain an operational railroad signal light at railroad grade crossing number 427460K;
2. Failing to properly supervise its contractors and contractors' employees;
3. In general, failing to do what he should have done in order to prevent the accident sued upon herein.8

On June 19, 2017, Defendants Progressive, Sims, and Akers removed this case to this Court.9 On September 20, 2017, Union Pacific filed a Third Party Complaint against MA Energy Resources, LLC ("MAER"), as the contractor responsible for rehabilitation of railroad ties, and its insurer Liberty Surplus Insurance Corp. ("Liberty").10 On June 5, 2018, Plaintiffs filed claims against MAER and Liberty.

On November 26, 2018, Plaintiffs filed a motion to amend the Complaint to replace the unnamed Defendant John Doe with Union Pacific employees Jonathan Phillips and Robert Flora.11 Plaintiffs alleged Phillips was the Master of Track Maintenance "personally responsible for all work, including work of subcontractors" on the track in question, and that Phillips and Flora were "the persons in charge [of] conduct[ing] the safety 'job briefing' prior to beginning work on the 'live track' owned by Union Pacific on the day of the crash."12 Defendants opposed the amendment.13 On February 5, 2019, the Magistrate Judge granted the motion to amend.14 The Magistrate Judge stated, "Following oral argument, the defendants notified the court that Phillips is now a resident of Texas, although they appear to concede that Phillips was a resident of Louisiana at the time the original petition was filed and at the time this case was removed."15 The Magistrate Judge ordered Plaintiffs to file the instant motion to remand addressing the issue of whether, for purposes of diversity jurisdiction, the citizenship of a defendant substituted for an initially unnamed John Doe is determined at the time of removal or at the time of amendment of the complaint.16

On February 8, 2019, Plaintiffs filed a motion to remand and a supporting memorandum.17 They argue the Court should consider citizenship at the time of removal when determining whether there is diversity jurisdiction, not citizenship at the time of amendment of the complaint.18 Defendants *601oppose.19

LEGAL STANDARD

Federal courts are courts of limited jurisdiction and possess only the authority conferred upon them by the United States Constitution or by Congress.20 Federal law allows for state civil suits to be removed to federal courts in certain instances. Generally, removal jurisdiction is governed by 28 U.S.C. § 1441(a), which provides:

Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.21

When a civil action is removed on the basis of diversity jurisdiction, "the citizenship of defendants sued under fictitious names shall be disregarded."22

"The removing party bears the burden of showing that federal jurisdiction exists and that removal was proper."23 When removal is based on federal diversity jurisdiction, the removing party must show that (1) complete diversity of citizenship exists between the parties, and (2) the amount in controversy exceeds $ 75,000, exclusive of interest and costs.24 "Ambiguities are construed against removal and in favor of remand because removal statutes are to be strictly construed."25

ANALYSIS

I. Because the Court considers Phillips' domicile at the time of removal, when Phillips was a Louisiana domiciliary, the substitution of Phillips in place of John Doe destroys complete diversity.

Plaintiffs have identified Jonathan Phillips and Robert Flora as the John Doe defendants, and this Court has permitted them to be substituted in place of the John Doe named in the original petition.26 Flora has been a Missouri domiciliary at all relevant times,27 and his substitution in place of John Doe does not affect this Court's diversity jurisdiction. The parties dispute whether the substitution of Phillips destroys diversity. Plaintiffs and Union Pacific agree that, at the time this case was removed, Defendant Phillips, not yet identified as the unnamed John Doe, was domiciled in Louisiana.28 Removing Defendant Progressive and Defendant MAER do not admit Phillips was a Louisiana citizen at the time of removal, but they do not argue or present evidence that Phillips *602was a Texas citizen at the time.29 The Court finds that Phillips was a Louisiana domiciliary at time this action was filed and at the time of removal.30

The parties agree that, when the amended complaint joining Phillips was filed on February 5, 2019, Phillips was domiciled in Texas.31

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Bluebook (online)
374 F. Supp. 3d 597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fontenot-v-union-pac-rr-co-lawd-2019.