ERIKA FLORES v. HARBOR FREIGHT TOOLS USA INC (2025)

ORDER

After the court ordered them to clarify the plaintiffs' citizenships, Dkt. 30, the defendants filed an amended notice of removal, Dkt. 31; see Dkt. 32 (duplicate with additional exhibits). The amended notice does not fix the problem the court identified, and it also raises uncertainty about the nature of one of the defendants. The court will therefore require additional amendment.

A natural person is domiciled, and therefore a citizen, where he or she has his or her true, fixed, and permanent home. Stine v. Moore, 213 F.2d 446, 448 (5th Cir. 1954). “[A]n allegation of residency alone ‘does not satisfy the requirement of an allegation of citizenship.’ ” MidCap, 929 F.3d at 313 (quoting Strain v. Harrelson Rubber Co., 742 F.2d 888, 889 (5th Cir. 1984) (per curiam)); see Texas v. Florida, 306 U.S. 398, 424 (1939) (explaining that citizenship of a natural person requires not only “[r]esidence in fact” but also “the purpose to make the place of residence one's home”).

Like the original notice of removal, the amended notice of removal alleges the plaintiffs' residencies, rather than their domiciles. See Dkt. 31 at 3–4. That is insufficient to establish diversity jurisdiction. The amended notice also states that “Harbor Freight Tools Texas, LP” is “incorporated under the laws of the State of Delaware,” then alleges facts pertaining to its “sole limited partner” and “sole general partner.” Dkt. 31 at 2–3. The defendants need to clarify whether Harbor Freight Tools Texas, LP, is a limited partnership or a corporation.

The defendants request leave of court to take additional written discovery of the plaintiffs to establish each person's citizenship. Dkt. 31 at 5. The court expects parties to assist it in assessing jurisdiction. The plaintiffs should provide the defendants with any information they may need to sufficiently amend.

It is ORDERED that, within 14 days of the entry of this order, the parties complete written discovery on the plaintiffs' citizenships.

It is further ORDERED that, within 21 days of the entry of this order, the defendants file a single second amended notice of removal that cures the deficiencies identified in this order. If further inquiry or discovery indicates that no such amendment is possible, the defendants should so notify the court, such that the case may be remanded to state court.

So ORDERED and SIGNED this 11th day of December, 2025.

Bill Davis United States Magistrate Judge