OCHOA V. PV HOLDING CORP.
2007 WL 496612 (E.D. La. 2007)
NATURE OF THE CASE: Before the Court is P's motion to remand.
FACTS: Ochoa (P) was injured when his SUV was rear-ended by Gulley, who was driving a
Budget rental car. P, a Louisiana citizen, sued Ds, Paul Gulley, Budget Rent A Car System,
Inc., and PV Holding Corporation in state court. Budget and PV removed the suit invoking the
Court's diversity jurisdiction. Gulley was served later. P contends that the Court lacks
subject matter jurisdiction. Budget is a citizen of Delaware. Gulley had lived in Orleans
Parish, but had evacuated to Arlington, Texas, where he has been living since Katrina. The
issue before the Court is the evacuee Gulley' s domicile at the time the state court
petition was filed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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