4:25-cv-05311•Morales et al v. BPD Transport, LLC et al
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Jessie Morales et al., Plaintiffs, v. BPD Transport, LLC, et al., Defendants. § § § § § § § § § § Civil Action No. 4:25-cv-05311 MEMORANDUM, RECOMMENDATION, AND ORDER This is a personal injury case. Plaintiffs Jessie Morales and Mayra Jimenez, individually and a/n/f of V.P., X.M., and I.M., moved to remand the suit to state court. Dkt. 4. They also moved to strike (Dkt. 20) Defendants Braxton Dumensil’s and BPD Transport, LLC’s (“Removing Defendants”) amended notice of removal (Dkt. 18) and “supplemental response” (Dkt. 19) to the motion to remand. Removing Defendants thereafter sought leave to amend their notice of removal. Dkt. 21. Plaintiffs also moved for leave to amend their complaint to add Fast Trac Transportation, LLC as a defendant, claiming that including that entity will destroy complete diversity and require remand. Dkt. 23. Removing Defendants do not oppose the requested amendment but maintain that Fast Trac’s citizenship is diverse from Plaintiffs’. Dkt. 26. United States District Court Southern District of Texas ENTERED May 07, 2026 Nathan Ochsner, Clerk Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 1 of 21
2 After carefully considering the motions, Dkts. 4, 20, 21, 23, responses, Dkts. 9, 21, 26, reply, Dkt. 22, the record, and the applicable law, the Court (a) grants Plaintiffs’ motion to strike (Dkt. 20) the amended notice of removal (Dkt. 18), (b) denies Removing Defendants’ request for leave to amend (Dkt. 21) their notice of removal, and (c) grants Plaintiffs’ request to strike Removing Defendants’ “supplemental response” (Dkt. 19) to the motion to remand. It is further recommended that Plaintiffs’ motion to remand and interrelated request for attorneys’ fees (Dkt. 4) be denied. The Court also grants Plaintiffs’ motion (Dkt. 23) for leave to amend their complaint but concludes that adding Fast Trac as a defendant does not affect this Court’s jurisdiction. Background This case concerns a motor vehicle collision in Harris County, Texas. On June 3, 2024, Morales was driving while his wife, Jimenez, and their three minor children, V.P., X.M., and I.M., were riding in the car. Dkt. 1-4 at 3. Dumesnil was driving a tractor-trailer for BPD Transport, LLC. Id. at 3-4. According to Plaintiffs, Fontaine Commercial Trailer, Inc. owned and had entrusted the vehicle to Dumensil. Id. at 4. Plaintiffs allege that Dumensil “abruptly” merged into their lane. Id. at 3. His tractor-trailer collided with Plaintiffs’ car, injuring them. Id. at 3-4. On March 21, 2025, Plaintiffs filed suit in state court, asserting that Dumensil, BPD Transport, LLC, and Fontaine Commercial Trailer, Inc. were Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 2 of 21
3 negligent. Dkt. 1-4 (original petition). The petition states that Morales and Jimenez, “individually and a/n/f/ of V.P., X.M., and I.M., minors” are “citizen[s] and resident[s] of Harris County, Texas” and had been “at all times relevant to the suit.” Id. at 1. The petition does not specify the minors’ citizenship. It does identify BPD Transport, LLC as “a Louisiana limited liability corporation,” assert that Fontaine “is a Delaware Corporation authorized to do business in the State of Texas,” and claim that Dumensil “is a Louisiana resident.” See id. at 1-2. The petition asserts that Plaintiffs have suffered over $1,000,0000 in damages. Id. at 8. Removing Defendants were served on July 9, 2025. Dkts. 4-2, 4-3. No record indicates that Fontaine was served or appeared in this case. While in state court, Removing Defendants propounded interrogatories on Morales and Jimenez that asked basic background information, including their current and past addresses. See Dkt. 1-8 at 3-4 (Morales’s interrogatories); Dkt 1-9 at 3-4 (Jimenez’s interrogatories). Morales’s and Jimenez’s October 27, 2025 responses reflected that they had lived in Houston, Texas for the past ten years. See Dkt. 1-8 at 4; Dkt. 1-9 at 4. On November 6, 2025, Removing Defendants removed the case, invoking diversity jurisdiction. Dkt. 1. For the parties’ citizenships, the notice of removal stated that “no defendant is a citizen of Texas” and cited Morales’s and Jimenez’s October 27, 2025 interrogatory responses—rather the petition— Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 3 of 21
4 to show that those plaintiffs are Texas citizens. See id. at 2-3. For the amount in controversy, the notice cited Plaintiffs’ allegation that their damages exceed $1 million. Id. at 3 (citing Dkt. 1-4). Plaintiffs moved to remand, arguing that removal was untimely. Dkt. 4. Removing Defendants then served interrogatories to I.M., V.P., and X.M. (“Minor Plaintiffs”), asking where Minor Plaintiffs had resided for the past ten years. Dkts. 9-1 at 5, 9-2 at 5, 9-3 at 5 (served November 25, 2025). Removing Defendants also responded to the motion to remand and requested leave to conduct this discovery after-the-fact. 1 See Dkt. 9. Minor Plaintiffs responded to the interrogatories on January 22, 2026, stating that they have resided in Texas for the past ten years, resided with Jimenez when suit was filed, and “will remain with [their] parents.” See Dkt. 18-14 at 4, 16 (I.M.’s responses), 18-15 at 4, 17 (V.P.’s responses), 18-16 at 4, 15 (X.M.’s responses). The parties discussed the motion to remand at an initial pretrial conference. See Dkt. 11 (order setting conference). Removing Defendants then unilaterally filed an amended notice of removal (Dkt. 18) and a “Supplemental Response” (Dkt. 19) to Plaintiffs’ motion to remand. Plaintiffs moved to strike both filings. Dkt. 20. Removing Defendants responded and sought post-hoc leave to amend their notice of removal, Dkt. 21, and Plaintiffs replied, Dkt. 22. 1 This Court struck Plaintiffs’ untimely reply supporting remand. Dkt. 13 (striking Dkt. 12). Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 4 of 21
5 On March 17, 2026, Plaintiffs moved for leave to amend their pleadings to add Fast Trac as a defendant, which they claim might be a Texas citizen whose joinder would destroy diversity. Dkt. 23. Removing Defendants responded that they are unopposed to the amendment but submitted evidence showing that Fast Trac is not a Texas citizen. Dkt. 26. 2 The motion to remand (Dkt. 4), motion to strike (Dkt. 20), motion for leave to amend the notice of removal (Dkt. 21), and motion for leave to amend the complaint (Dkt. 23) are all ripe for resolution. Legal standard A defendant can remove a state-court action if that action could originally have been filed in federal court. 28 U.S.C. § 1441(a). Federal courts, in turn, are authorized to hear cases that either (1) involve questions of federal law, 28 U.S.C. § 1331, or (2) “where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between ... citizens of different States,” id. § 1332(a)(1). A motion to remand can challenge a defect in removal procedure or the lack of subject-matter jurisdiction. 28 U.S.C. § 1447(c). Either way, the defendants have the burden to show that removal was proper. See Roth v. Kiewit Offshore Servs., Ltd., 625 F. Supp. 2d 376, 382 (S.D. Tex. 2008) 2 Plaintiffs’ reply supporting their motion for leave to amend was stricken as untimely. See Dkt. 27 (reply); Dkt. 28 (order striking). Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 5 of 21
6 (Defendant bears the burden “not only to demonstrat[e] a jurisdictional basis for removal, but also necessary compliance with the requirements of the removal statute.”) (quoting Albonietti v. GAF Corp.-Chem. Grp., 520 F. Supp. 825, 827 (S.D. Tex. 1981)). Moreover, the removal statute must “be strictly construed and any doubt as to the propriety of removal should be resolved in favor of remand.” In re Hot-Hed Inc., 477 F.3d 320, 323 (5th Cir. 2007). Analysis Plaintiffs argue that remand is warranted because Removing Defendants failed to timely remove the case. Dkt. 4. According to Plaintiffs, that deadline was triggered by the service of the original petition, which revealed that all requirements for diversity jurisdiction are met. See id. at 5. Removing Defendants do not dispute that the state-court petition disclosed that this controversy exceeds the minimum requirement to support diversity jurisdiction. Rather, they maintain that the petition did not provide sufficient information to conclude that Plaintiffs were Texas citizens and were therefore diverse. According to Removing Defendants, they did not acquire that essential information until Plaintiffs’ interrogatory responses confirmed their Texas domiciles. See Dkt. 9 at 3. As detailed below, the original petition did not affirmatively reveal that this case was removable with respect to Minor Plaintiffs. As a result, the 30- day removal deadline did not expire until after the case was removed, which Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 6 of 21
7 merits denying Plaintiffs’ motion for remand and interrelated request for attorneys’ fees (Dkt. 4). But the Court grants Plaintiffs’ motion to strike (Dkt. 20) Removing Defendants’ amended notice of removal (Dkt. 18) and sur- reply (Dkt. 19) as improperly filed without leave of court and denies their request for leave (Dkt. 21) to submit the amended notice after-the-fact. Plaintiffs’ further, unopposed request for leave to amend (Dkt. 23) their complaint to add a new defendant is granted. Removing Defendants, however, have shown that the new defendant is not a Texas citizen whose inclusion would defeat diversity jurisdiction. I. Removing Defendants are not entitled to amend the notice of removal. On February 6, 2026, Removing Defendants unilaterally filed an amended notice of removal, invoking 28 U.S.C. § 1446(b) and § 1653. Dkt. 18. Only after Plaintiffs moved to strike the submission did Removing Defendants request leave to file it. Compare Dkt. 21 at 2, with Dkt. 20. Because the amended notice of removal is procedurally barred, it is stricken. The amended notice of removal is untimely. The statute provides only 30 days to amend a notice of removal as a matter of right. See 28 U.S.C. § 1446(b). “Outside of the 30-day removal period, Defendants must seek leave to amend a notice of removal ….” VTX Commc’ns, LLC v. AT&T Inc., 2020 WL 918670, at *13 (S.D. Tex. Feb. 26, 2020); see Menendez v. Wal-Mart Stores, Inc., Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 7 of 21
8 364 F. App’x 62, 66 (5th Cir. 2010) (The statute “grants courts the authority and discretion to allow parties to” amend.). Removing Defendants’ unilateral submission of the amended notice of removal was therefore improper. This alone warrants striking it. Moreover, Removing Defendants are not entitled to amend the notice of removal. Section 1653 only permits amendment “to cure defective allegations of jurisdiction.” Menendez, 364 F. App’x at 66. Those types of deficiencies are “technical” ones, like the failure to specifically allege a party’s citizenship. VTX Commc’ns, 2020 WL 918670, at *13 (citing Getty Oil Corp. v. Ins. Co. of N. Am., 841 F.2d 1254, 1258 n.5 (5th Cir. 1988); Whitmire v. Victus Ltd., 212 F.3d 885, 887-88 (5th Cir. 2000); Menendez, 364 F. App’x at 66). They doenot include “adding a new theory to establish the same type of subject matter jurisdiction asserted in the original notice of removal ....” Crow v. Melton, 2018 WL 10419358, at *11 (N.D. Tex. Feb. 20, 2018) (denying leave to amend), adopted by 2018 WL 10419359 (N.D. Tex. Mar. 23, 2018). And “where the notice of removal is procedurally defective, 28 U.S.C. § 1653 cannot be used as a means to cure what is otherwise a substantial defect in the removal proceedings.” Moody v. Com. Ins. Co. of Newark, N.J., 753 F. Supp. 198, 201 (N.D. Tex. 1990) (classifying “failure to join all defendants in the notice of removal” within the necessary 30-day window as “a non-jurisdictional defect”). Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 8 of 21
9 Removing Defendants contend that they are merely amending “to correct a technical defect.” Dkt. 21 at 3. The Court disagrees. The proposed amendment includes a new justification for the timing of removal that Removing Defendants raised, for the first time, when responding to the motion to remand (Dkt. 9) and mentioned during the January 23, 2026 initial conference. Compare Dkt. 1 at 4 (arguing that removal is timely because the interrogatories pertaining to Morales’s and Jimenez’s citizenship “provided Defendants with the necessary evidence of federal jurisdictional requirements”), with Dkt. 18 at 4-5 (contention removal was timely because Minor Plaintiffs’ interrogatory responses “provided Defendants with the necessary evidence of federal jurisdictional requirements”) (emphasis added). The proposed amendment therefore attempts to address potential procedural defects in removal, which is not permissible under 28 U.S.C. § 1653. Removing Defendants’ post hoc request for leave to amend (Dkt. 21) their notice of removal is denied. II. Removal was timely because the original petition did not affirmatively reveal that all parties are diverse. Moving to remand, Plaintiffs maintain that removal was untimely under 28 U.S.C. § 1446. Dkt. 4. Removing Defendants defend the timing of removal by arguing that the original petition lacked sufficient information to determine any of the Plaintiffs’ citizenships. See Dkt. 9 at 3. Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 9 of 21
10 When resolving that debate, the Court disregards Removing Defendants’ “supplement” to their response. Dkt. 19. That filing constitutes an unauthorized sur-reply. See Judge Yvonne Y. Ho, Court Procedures § 5(e) (permitting responses and replies, but “[n]o further briefing is permitted without leave of Court”; further emphasizing that “[t]he Court disfavors requests for further briefing”). It is therefore stricken. In the remaining briefs, both sides focus on whether the original petition affirmatively revealed Jimenez’s and Morales’s citizenships. As concluded below, their Texas citizenship was clearly alleged. Nevertheless, the petition’s silence about Minor Plaintiffs’ citizenship means that the pleading did not trigger the deadline for removal. Removal was therefore timely. A. Deadlines for removal The timing of removal is governed by 28 U.S.C. § 1446(b). “In essence, when read as a whole, § 1446(b) provides a two-step test for determining whether a defendant timely removed a case.” Decatur Hosp. Auth. v. Aetna Health, Inc., 854 F.3d 292, 297 (5th Cir. 2017) (quoting Chapman v. Powermatic, Inc., 969 F.2d 160, 161 (5th Cir. 1992)). Under Section 1446(b)(1), a party must remove within 30 days of receiving “the initial pleading setting forth the claim for relief upon which such action or proceeding is based ….” 28 U.S.C. § 1446(b)(1). To trigger that deadline, a pleading must “affirmatively reveal on its face” that the suit is Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 10 of 21
11 removable. See Chapman, 969 F.2d at 163; see also Bosky v. Kroger Tex., LP, 288 F.3d 208, 210 (5th Cir. 2002); J.R. Laughead, Inc. v. Air Dayco Corp., 942 F. Supp. 339, 342 (S.D. Tex. 1996) (remanding because the petition “affirmatively revealed that diversity existed”). Alternatively, Section 1446(b)(3) states that “a notice of removal may be filed within 30 days after receipt by the defendant … of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable.” 28 U.S.C. § 1446(b)(3). “[D]iscovery responses can constitute an ‘other paper’ under the removal statute.” Jeanmarie v. Indian Harbor Ins. Co., 603 F. Supp. 3d 364, 371 (E.D. La. 2022) (citing Cole ex rel. Ellis v. Knowledge Learning Corp., 416 F. App’x 437, 440 (5th Cir. 2011)). But that alternative deadline in Section 1446(b)(3) applies only “[i]f the case stated by the initial pleading is not removable.” Bosky, 288 F.3d at 212. B. The petition did not affirmatively reveal Minor Plaintiffs’ domiciles. In their notice of removal, Removing Defendants invoked Morales’s and Jiminez’s October 27, 2025 interrogatory responses detailing their Texas ties as the trigger date for removal. Dkt. 1 at 3. Only after Plaintiffs moved to remand did Removing Defendants suggest that they also lacked information about Minor Plaintiffs’ citizenships. See Dkt. 9 at 2; see also Dkt. 18 at 5. Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 11 of 21
12 Nevertheless, case law confirms that the petition omitted the necessary facts regarding Minor Plaintiffs’ citizenship. Because this is an objective test, Removing Defendants’ shifting justifications for the timing of removal do not inform the analysis. The motion to remand should be denied. Natural persons like Plaintiffs are citizens of the state where they are domiciled. See Preston v. Tenet Healthsystem Mem’l Med. Ctr., Inc., 485 F.3d 793, 798 (5th Cir. 2007) (citing Stine v. Moore, 213 F.2d 446, 448 (5th Cir. 1954)). “[T]he question of a person’s domicile is a matter of federal common law.” Acridge v. Evangelical Lutheran Good Samaritan Soc., 334 F.3d 444, 448 (5th Cir. 2003) (citing Coury v. Prot, 85 F.3d 244, 248 (5th Cir. 1996)). Generally, federal courts look to the domiciles of a minor’s parents to determine the minor’s domicile. See Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989) (“Since most minors are legally incapable of forming the requisite intent to establish a domicile, their domicile is determined by that of their parents.”); Dunlap by Wells v. Buchanan, 741 F.2d 165, 167 (8th Cir. 1984). But whether that assumption applies depends on “the realities of the minor’s actual situation.” See Rodriguez-Diaz v. Sierra- Martinez, 853 F.2d 1027, 1033 (1st Cir. 1988); Clyde by Clyde v. Ludwig Hardware Store, Inc., 815 F. Supp. 688, 691 (S.D.N.Y. 1993) (collecting authorities). Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 12 of 21
13 For instance, federal courts have pegged a minor’s domicile to that of another adult who has care and custody over them, even if the minor’s parents are alive. See Champagne v. Parrish, 2016 WL 7031331, at *3 (M.D. La. Nov. 7, 2016) (collecting authorities where the minor’s domicile was determined by non-parents acting in loco parentis), adopted by 2016 WL 7031290 (M.D. La. Nov. 30, 2016); Linville v. Price, 572 F. Supp. 345, 348 (S.D. W. Va. 1983) (minor’s domicile was that of his aunt who acted in loco parentis); Elliott v. Krear, 466 F. Supp. 444, 447 (E.D. Va. 1979) (minor domiciled where grandparents lived because he was in their custody). As another example, when minors attend school in a different state than where their parents are domiciled, courts have considered whether their parents “continue in [their] parental role in controlling and supporting” the student. See, e.g., Hill-Jackson v. FAF, Inc., 808 F. Supp. 2d 1083, 1087 (S.D. Ind. 2011). And emancipated minors may acquire a new domicile that is different from that of their parents. See Spurgeon v. Mission State Bank, 151 F.2d 702, 705 (8th Cir. 1945) (collecting cases); Appelt v. Whitty, 286 F.2d 135, 137 (7th Cir. 1961). Ultimately, “[c]ourts addressing the issue of determining a minor’s domicile have looked at the facts surrounding the care and responsibility for the child.” W.Z.L. ex rel. Randolph v. Keith, 2009 WL 1309772, at *3 (E.D. Tenn. May 7, 2009) (minor’s citizenship was that of his aunt or grandparents because his parents were unable to care for him). Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 13 of 21
14 Here, the original petition identifies Morales and Jimenez as “citizen[s] and resident[s] of Harris County, Texas” and asserts that they have been “citizen[s] and resident[s] of Harris County, Texas, at all times relevant to this suit.” Dkt. 1-4 at 1 (emphasis added). Contrary to Removing Defendants’ position, the petition thus affirmatively—indeed, explicitly—reveals that Morales and Jimenez are citizens of Texas. Cf. MidCap Media Fin., LLC v. Pathway Data, Inc., 929 F.3d 310, 313-14 (5th Cir. 2019) (concluding the parties “failed to properly allege diversity of citizenship” because “they alleged only that [plaintiff] was a California resident, not that he was a California citizen”); Robinson v. Kmart Corp., 2011 WL 2790192, at *1 n.1, *3 (M.D. La. Apr. 28, 2011) (“diversity of citizenship [was] satisfied” where plaintiffs pleaded that they were “Louisiana citizens”), adopted by 2011 WL 2937952 (M.D. La. July 14, 2011). The petition does not, however, make the same assertions for Minor Plaintiffs. At most, it identifies them as the children of Jimenez and Morales. Dkt. 1-4 at 3. But it does not disclose crucial facts concerning Minor Plaintiffs’ care, custody, or circumstances, like whether they live with their parents or whether Jimenez, Morales, or both are their legal guardians. Those omissions mean that the petition does not affirmatively reveal Minor Plaintiffs’ citizenships, such that its service would trigger the 30-day clock for removal. The removal deadline runs instead from the date when Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 14 of 21
15 Removing Defendants received “other paper” making it “unequivocally clear and certain” that the Minor Plaintiffs were diverse. See Bosky, 288 F.2d at 211. Because Removing Defendants did not receive such a paper before they removed this case, the removal is timely. To be sure, Removing Defendants did not indicate that uncertainty regarding Minor Plaintiffs’ domiciles affected their removal timeline when they removed the case. 3 Rather, the notice of removal only claims that discovery was needed to ascertain the parents’ citizenships. See Dkt. 1 at 2, 4. But Fifth Circuit law makes clear that whether a pleading affirmatively reveals that a suit can be removed is an objective standard that hinges solely on allegations in the pleading itself. See Chapman, 969 F.2d 162-163 (defendant’s actual knowledge that plaintiff sought damages exceeding the jurisdictional minimum was irrelevant when the pleadings did not assert the amount in controversy). That “bright line rule” exists to “promote[] certainty and judicial efficiency by not requiring courts to inquire into what a particular defendant may or may not subjectively know.” Id. at 163. The inquiry’s objective nature makes a defendant’s subjective knowledge or belief irrelevant to the timeliness of removal. See Verdan Procurement & Consulting, LLC v. Solugen, Inc., 2025 WL 712690, at *2 (S.D. Tex. Mar. 5, 3 Indeed, the undersigned highlighted that omission when addressing the motion to remand at the initial scheduling conference. Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 15 of 21
16 2025) (applying Chapman; evidence that defendants had subjective knowledge that the parties were diverse did not trigger the 30-day period because “removability depends on the jurisdictional facts stated in the pleadings”); Kinyon v. Bullock, 2009 WL 10736797, at *5 (W.D. La. Mar. 31, 2009) (petition did not trigger the 30-day period because it alleged that co-defendant was a Louisiana citizen, even though defendant knew that co-defendant was a Texas citizen, and thus diverse). Moreover, “[a] defendant does not have an obligation” to pursue discovery that ascertains the suit’s removability “if the case is not clearly removable based on the plaintiff’s pleading.” Verdan, 2025 WL 712690, at *2 (rejecting critique that defendants were not diligent in discovering plaintiff’s citizenship). Those principles render it immaterial whether Removing Defendants genuinely doubted that Minor Plaintiffs’ citizenship was diverse and whether they diligently sought to resolve that ambiguity. The only thing that matters is the original petition’s lack of affirmative allegations disclosing that Minor Plaintiffs are, in fact, citizens of a different state than Defendants. That omission warrants rejecting Plaintiffs’ contention that removal was untimely, denying their motion to remand, and denying their interrelated request for attorneys’ fees under 28 U.S.C. § 1447(c). Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 16 of 21
17 III. Plaintiffs’ motion for leave to amend is granted but does not affect jurisdiction. Plaintiffs also moved for leave to amend their complaint to add Fast Trac as a defendant. Dkt. 23. The motion was filed before the deadline for doing so expired. Dkt. 17 (March 23, 2026 deadline); Dkt. 23 (filed March 17, 2026). Accordingly, Fed. R. Civ. P. 15(a)(2) governs, which “declares that leave to amend shall be freely given when justice so requires ….” Foman v. Davis, 371 U.S. 178, 182 (1962) (quotation omitted). Removing Defendants do not oppose the request for leave. Dkt. 26 at 1. The Court grants Plaintiffs’ request. The parties do, however, dispute whether Fast Trac’s addition will destroy diversity. In their motion for leave to amend, Plaintiffs request that the Court remand this action “if Fast Trac and Plaintiffs are not diverse.” See Dkt. 23 at 5. Removing Defendants counter that Fast Trac is diverse and that remand should be denied. See Dkt. 26 at 1. To substantiate their position, Plaintiffs assert that Fast Trac’s principal place of business is in Texas and its managing member, Bill Busbice, has a Texas mailing address. Dkt. 23 at 2; Dkt. 23-2 at 2 (certificate of conversion), 4 (certificate of formation), 6-10 (Texas franchise tax public information report). From there, Plaintiffs conclude that Fast Trac is a Texas citizen. But their evidence does not establish Fast Trac’s citizenship. Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 17 of 21
18 Fast Trac is a limited liability company. “[T]he citizenship of a LLC is determined by the citizenship of all of its members.” Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). So Fast Trac’s principal place of business does not inform the analysis. See MidCap Media Fin., 929 F.3d at 314 (parties failed to allege diversity of citizenship where they alleged only that an LLC was “organized and existing under the laws of the State of Texas and had its principal place of business” in Texas.); Villamil v. Fayrustin, 730 F. Supp. 3d 328, 337-38 (W.D. Tex. 2024) (“Where an LLC maintains its principal place of business” and “the state in which the LLC is organized” is “irrelevant” to the citizenship inquiry.). Nor does Busbice’s Texas mailing address equate to his state of citizenship. See Mitchell v. Keith, 2026 WL 879393, at *2 (S.D. Tex. Mar. 31, 2026) (defendant’s mailing address was “not enough” to establish citizenship); see also Parker v. Overman, 59 U.S. 137, 141 (1855) (“‘Citizenship’ and ‘residence’ are not synonymous terms.”). By contrast, Removing Defendants submitted evidence refuting the theory that Fast Trac is a Texas citizen. In a sworn declaration filed by Fast Trac in a recent case, Busbice states that Fast Trac is wholly owned by Family Faith Transportation, LLC which, in turn, is owned by The Bill and Beth Busbice Family Limited Partnership. See Dkt. 26-1; see also Dkt. 26 at 2. The declaration also traces the citizenship of that Limited Partnership, which depends on that of each of its partners. See Harvey, 542 F.3d at 1079. Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 18 of 21
19 According to the declaration, the Bill and Beth Busbice Family Limited Partnership has a general partner, BBBus2, LLC. See Dkt. 26-1; see also Dkt. 26 at 2. BBBus2, LLC is wholly owned by Bill Busbice, who is a citizen of Wyoming. Id. The Bill and Beth Busbice Family Limited Partnership also has several limited partners: (1) BBBus, LLC, which is wholly owned by Beth and Bill Busbice, both of whom are Wyoming citizens; (2) RBUS, LLC, which is wholly owned by Ryan Busbice, a Louisiana citizen; (3) MBUS, LLC, wholly owned by Matthew Busbice, a Louisiana citizen; and (4) SBUS, LLC, wholly owned by Sarah Busbice, a California citizen. This declaration sworn to by Bill Busbice himself is sufficient to show that Fast Trac is a citizen of Louisiana, California, and Wyoming—not Texas. Dkt. 26 at 2. Plaintiffs did not timely reply. And even their untimely submission failed to controvert Busbice’s sworn declaration. At this juncture, there is no indication that Fast Trac’s addition as a defendant would destroy diversity. See Chambers v. Bielss, 2008 WL 5683483, at *4 (W.D. Tex. Dec. 8, 2008) (denying remand absent evidence controverting defendant’s affidavit regarding his citizenship); De La Fuente v. KinderCare Educ. LLC, 2023 WL 3794527, at *5 (W.D. Tex. May 17, 2023) (denying remand where removing parties submitted an affidavit substantiating their diverse citizenship), adopted by 2023 WL 3792666 (W.D. Tex. June 2, 2023). Plaintiffs’ request to remand this action based on Fast Trac’s citizenship should be denied. Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 19 of 21
20 Recommendation and Order For the foregoing reasons, it is ORDERED that Defendants Braxton Dumensil’s and BPD Transport, LLC’s motion for leave (Dkt. 21) to amend their notice of removal be DENIED, and that Plaintiffs’ motion to strike (Dkt. 20) the unauthorized amended notice of removal be GRANTED. The amended notice of removal (Dkt. 18) is hereby STRICKEN. It is ORDERED that Plaintiffs’ further request to strike (Dkt. 20) Defendants’ “supplemental response” to the motion to remand be GRANTED. That “supplemental response” (Dkt. 19) is hereby STRICKEN. It is RECOMMENDED that Plaintiffs Jessie Morales’s and Mayra Jimenez’s, individually and a/n/f of V.P., X.M., and I.M., motion to remand and interrelated request for attorneys’ fees (Dkt. 4) be DENIED. It is also ORDERED that Plaintiffs’ motion for leave (Dkt. 23) to file a first amended complaint be GRANTED. Plaintiffs must file their first amended complaint on the docket by May 14, 2026. It is further RECOMMENDED that Plaintiffs’ interrelated request to remand the case upon amending their complaint be DENIED. The parties have fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Failure to file timely objections will preclude appellate review of factual findings and legal conclusions, except for Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 20 of 21
21 plain error. Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 825 (5th Cir. 2015). Signed on May 7, 2026, at Houston, Texas. ______________________________ Yvonne Y. Ho United States Magistrate Judge ______________________________________ Yvvvooon nn ne Y. Ho United States Magistrate Judge Case 4:25-cv-05311 Document 29 Filed 05/07/26 in TXSD Page 21 of 21
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