Texas Insurance Company v. Layton Construction Company LLC et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Texas Insurance Company,
Plaintiff,
v.
Layton Construction Company LLC,
OFHotel LLC, and Maya Hotel LLC,
Defendants.
No. CV-26-02998-PHX-JAT
ORDER
The Court previously required Plaintiff to file a supplement to the complaint listing
the name and citizenship of each member of Layton, LLC. (Doc. 4). Plaintiff filed the
supplement. (Doc. 5). Plaintiff alleges there are five people who are members of Layton,
LLC. (Doc. 5 at 7).
“To be a citizen of a state, a natural person must first be a citizen of the United
States. The natural person’s state citizenship is then determined by her state of domicile,
not her state of residence. A person’s domicile is her permanent home, where she resides
with the intention to remain or to which she intends to return.” Colston v. Allstate Vehicle
Prop. & Ins. Co., No. CV-25-01052-PHX-DWL, 2025 WL 2202451, at *1 (D. Ariz. Aug.
4, 2025).
In the supplement, Plaintiff alleges that 4 of the 5 members are domiciled together
in Utah (at what public records suggest is a commercial building). Plaintiff alleges that the
fifth member is domiciled at the exact same address, albeit in New York. The Court
seriously questions the veracity of these allegations and whether counsel for Plaintiff is
Case 2:26-cv-02998-JAT Document 6 Filed 05/28/26 Page 1 of 2

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taking his Rule 11 obligations seriously.
However, if these allegations are true, Plaintiff has alleged complete diversity.
Therefore, the Court will take no further action on this issue at this time. Accordingly,
IT IS ORDERED confirming that by October 29, 2026, Plaintiff must file a further
supplement to the complaint proving federal subject matter jurisdiction (not on information
and belief).
Dated this 28th day of May, 2026.
Case 2:26-cv-02998-JAT Document 6 Filed 05/28/26 Page 2 of 2