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Goodin v. Post Acute Med. LLC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION
Apr 29, 2021
CIVIL ACTION NO. 21-cv-1131 (W.D. La. Apr. 29, 2021)

Opinion

Civil Action 21-cv-1131

04-29-2021

ANTONIA GOODIN v. POST ACUTE MEDICAL LLC ET AL


HICKS CHIEF JUDGE

MEMORANDUM ORDER

Mark L. Hornsby U.S. Magistrate Judge

The removal papers indicate that Plaintiff obtained a TRO, without notice, in state court on April 20, 2021. That TRO would expire under state law in 10 days, or April 30, 2021. La. C.C.P. art. 3604. The case was removed on April 28, 2021. Injunctive orders issued by a state court prior to removal "remain in full force and effect until dissolved or modified by the district court." 28 U.S.C. § 1450. And federal procedure governs the enforcement of a prior state court order in a case removed to federal court. Resol. Tr. Corp. v. Northpark Joint Venture, 958 F.2d 1313, 1316 (5th Cir. 1992).

A TRO entered prior to removal remains in effect and is governed by Fed.R.Civ.P. 65 from the date of removal. Granny Goose Foods, Inc. v. Brotherhood of Teamsters and Auto Truck Drivers, Local No. 70, 415 U.S. 423, 438, 94 S.Ct. 1113 (1974) (applying § 1450). Thus, it appears that the TRO will expire at the latest 14 days after the date of removal, which is May 12, 2021. Fed.R.Civ.P. 65(b)(2); Granny Goose Foods, Inc., 415 U.S. at 440 n. 15, 94 S.Ct. 1113; Pittman v. Joe K. Pittman Co., LLC, 2016 WL 1050299 (S.D.Miss. 2016). If Plaintiff wishes to pursue a preliminary injunction, she will need to file a motion for preliminary injunction in accordance with federal law and procedure. If she does not file such a motion, the court will set a scheduling conference promptly after the defendants file answers.

Defendants removed the case based on diversity jurisdiction. They adequately allege that Plaintiff is a citizen of Louisiana and that more than $75,000 is in controversy. But more information is needed to determine the citizenship of the two LLC defendants. The citizenship of an LLC is determined by the citizenship of all of its members, with its state of organization or principal place of business being irrelevant. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077 (5th Cir. 2008).

The notice of removal alleges that no members of the defendant LLCs are domiciled in Louisiana, but it does not identify those members. "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). If the members are themselves partnerships, LLCs, corporations or other form of entity, their citizenship must be alleged in accordance with the rules applicable to that entity, and the citizenship must be traced through however many layers of members or partners there may be. Mullins v. TestAmerica Inc., 564 F.3d 386, 397-98 (5th Cir. 2009); Rodidaco, Inc. v. Chesapeake Energy Louisiana Corp. 2018 WL 3551525 (W.D. La. 2018). Defendants, to satisfy their burden of establishing a basis for jurisdiction, must file an amended notice of removal by May 12, 2021 and set forth the required detail about the members of the LLCs.

THUS DONE AND SIGNED


Summaries of

Goodin v. Post Acute Med. LLC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION
Apr 29, 2021
CIVIL ACTION NO. 21-cv-1131 (W.D. La. Apr. 29, 2021)
Case details for

Goodin v. Post Acute Med. LLC

Case Details

Full title:ANTONIA GOODIN v. POST ACUTE MEDICAL LLC ET AL

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

Date published: Apr 29, 2021

Citations

CIVIL ACTION NO. 21-cv-1131 (W.D. La. Apr. 29, 2021)