MARK L. HORNSBY, Magistrate Judge.
Jimmy Woodward and Woodard Consulting Services, LLC filed this suit in federal court against Exco Operating Company, LP. Plaintiffs brought the suit in federal court based on an assertion of diversity jurisdiction, which puts the burden on them to set forth particular facts that establish complete diversity of citizenship. The complaint does not appear to meet that burden, so Plaintiffs will be allowed an opportunity to file an amended complaint that complies with the rules set forth below.
Jimmy Woodard describes himself as a "resident" of Louisiana, but it is domicile rather than mere residency that decides citizenship for diversity purposes, and "[i]t is well established that an allegation of residency does not satisfy the requirement of an allegation of citizenship."
Woodard Consulting describes itself as an LLC organized under Louisiana law with its principal place of business in Louisiana. 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.
The complaint describes Exco as a foreign limited partnership. When a limited partnership is a party, the court must consider the citizenship of each partner, both limited and general.
The court understands that Plaintiffs may not have the citizenship information for Exco, so no deadline is set for filing the amended complaint. But counsel for Plaintiff should reach out to counsel for Exco at the earliest opportunity and attempt to obtain the necessary information so that the citizenship issue may be resolved at an early stage. The need to nail down citizenship with specificity at an early stage of the case was recently emphasized in
Federal Rule of Civil Procedure 15 governs the filing of amended complaints. If Plaintiffs amend within the time permitted by the rule, they may do so without leave of court. If, however, they delay their attempt to amend they will have to file a motion for leave and state therein whether there is any opposition from a defendant. Once the complaint is amended (assuming it establishes that the court has subject-matter jurisdiction) and all defendants have filed an answer, the court will issue instructions with regard to scheduling.