This section contains the nature of the case and procedural background.

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.

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