Patricia Stringer, individually and on behalf of the wrongful death beneficiaries of Dakota Johnson, deceased v. Southern Energy Operating, LLC and Southern Energy Corporation

Summary

The United States District Court for the Southern District of Mississippi denied Patricia Stringer's motion to remand a wrongful-death negligence action to state court. The court held that Southern Energy Corporation was incorporated in Delaware and had its principal place of business in Calgary, Alberta, while Southern Energy Operating, LLC derived its citizenship through its sole member, Southern Energy Corporation. The court also denied Stringer's alternative request for jurisdictional discovery.

Holdings

1. Southern Energy Corporation's principal place of business was Calgary, Alberta, because its officers and directors worked there and directed, controlled, and coordinated the corporation's activities there; its Mississippi operations and filings did not establish a Mississippi principal place of business.
2. Southern Energy Operating, LLC was not a Mississippi citizen because an LLC's citizenship is determined by the citizenship of its members, and Southern Energy Corporation was its undisputed sole member.
3. Diversity jurisdiction existed because Plaintiff was a Mississippi citizen, Southern Energy Corporation was a Delaware and Alberta, Canada citizen, and Southern Energy Operating, LLC shared the citizenship of its sole member; the amount in controversy exceeded $75,000.
4. Plaintiff was not entitled to jurisdictional discovery because she failed to show that discovery was necessary to resolve a disputed jurisdictional fact.

Questions Presented

1. Whether Southern Energy Corporation's principal place of business was Mississippi or Calgary, Alberta, for purposes of determining diversity jurisdiction.
2. Whether Southern Energy Operating, LLC was a Mississippi citizen based on its business operations or principal address rather than the citizenship of its sole member.
3. Whether Plaintiff was entitled to jurisdictional discovery concerning Defendants' citizenship.

Disposition

denied