Timber Creek Casualty Insurance, A Risk Retention Group v. Tucker Trucking, LLC et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

TIMBER CREEK CASUALTY
INSURANCE, A RISK RETENTION
GROUP

CIVIL ACTION
VERSUS

NO. 26-485
TUCKER TRUCKING, LLC, ET AL. SECTION R

ORDER & REASONS
On April 17, 2026, Timber Creek Casualty Insurance, a Risk Retention
Group (“Timber Creek”) filed an amended complaint in which it asserted that
this Court has subject matter jurisdiction over plaintiff’s declaratory
judgment action based upon diversity jurisdiction under 28 U.S.C. § 1332.
1

While Timber Creek has properly alleged its own citizenship, it has
failed properly to allege the citizenship of defendant Tucker Trucking, LLC.
Timber Creek must identify each of the members of the limited liability
company and then must properly allege the citizenship of each member in
accordance with the requirements of 28 U.S.C. § 1332(a) and (c). Harvey v.
Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008); see also Storey
Mountain, L.L.C. v. JPMorgan Chase Bank, N.A., 159 F.4th 294 (5th Cir.
2025) (“At the pleading stage, the party invoking this court’s jurisdiction

1
R. Doc. 12 at 3.
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must allege the citizenship of each LLC’s members.”). The same requirement
applies to any member of a limited liability company that is also a limited
liability company. See Mullins v. TestAmerica, Inc., 564 F.3d 386, 397–98
(5th Cir. 2009).
Proper information regarding the citizenship of all parties and the
amount in controversy is necessary to establish the Court’s diversity
jurisdiction. Although defendants have not filed a motion to dismiss on
jurisdictional grounds, the Court sua sponte raises the issue of whether it
may exercise diversity jurisdiction in this matter.
IT IS ORDERED that plaintiff Timber Creek shall have seven (7)
days from the date of this Order to file an amended complaint, without
further leave of Court, properly setting forth the citizenship particulars of all
of the parties, as required to establish that the Court has diversity jurisdiction
over this case under 28 U.S.C. § 1332(a).

New Orleans, Louisiana, this 20th day of July, 2026.

_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
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