Salinas v. K and D Transportation LLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSE SALINAS, JR.,
Plaintiff,
vs. 	Civ. No. 26cv360 JFR/SCY
K AND D TRANSPORTATION, LLC and
JHONNY LOUIDOR,
Defendants.
ORDER TO AMEND NOTICE OF REMOVAL
OR CITIZENSHIP DISCLOSURE STATEMENT
This matter comes before the Court sua sponte, following its review of the Notice of
Removal. Doc. 1. Defendants K and D Transportation, LLC (“KD”) and Jhonny Louidor
removed this action to federal court citing diversity jurisdiction. Id. The Court has a sua sponte
duty to determine whether subject matter jurisdiction exists. See Tuck v. United States Auto.
Ass’n, 859 F.2d 842, 844 (10th Cir. 1988).
Under 28 U.S.C. § 1332(a), federal courts have “original jurisdiction in all civil actions
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 . . . .” When a plaintiff files a civil action in state
court over which the federal court would have original jurisdiction based on diversity of
citizenship, the defendant may remove the action to federal court, provided that no defendant is a
citizen of the State in which such action is brought. See 28 U.S.C. § 1441(a), (b). “[T]he ultimate
burden of establishing complete diversity” lies with “the party seeking to invoke federal
jurisdiction.” ADA Carbon Sols. (Red River), LLC v. Atlas Carbon, LLC, 146 F.4th 1296, 1306
(10th Cir. 2025); Dutcher v. Matheson, 733 F.3d 980, 985 (10th Cir. 2013).
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The Notice of Removal alleges that “Defendant KD is a limited liability company,
consisting of one member, who resides in the State of Georgia, and therefore is a citizen of
Georgia for diversity purposes.” Doc. 1 ¶ 3. However, the Corporate Disclosure Statement
declares that “K and D Transportation, LLC certifies that it is a limited liability corporation . . .
[that] has one member: Jhonny Louidor. Jhonny Louidor is a citizen of the State of Florida.”
Doc. 1-3 at 1.
Although diversity jurisdiction exists regardless of whether Louidor is a citizen of
Georgia or Florida, the record must reflect jurisdictional facts correctly before this case can
proceed. Therefore, the Court orders Defendants to amend either the Notice of Removal or the
Corporate Disclosure Statement such that both documents correctly reflect the citizenship of
Louidor.
IT IS HEREBY ORDERED that Defendants file an amended notice of removal or
amended corporate disclosure statement no later than February 19, 2026.
_____________________________________
STEVEN C. YARBROUGH
UNITED STATES MAGISTRATE JUDGE
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