The Estate of Geraldine H Borchardt v. BMO Harris Bank NA

Filing 3

ORDER signed by Judge Lynn Adelman on 3/22/13 that within ten days of the date of this order, defendant must provide me with information regarding the citizenship of the decedent. (cc: all counsel)(dm)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN THE ESTATE OF GERALDINE H. BORCHARDT, by and through her personal representative, LENORA M. BRUSKI, Plaintiff, v. Case No. 13-C-0293 BMO HARRIS BANK, N.A., as successor by merger to M&I MARSHALL & ILSLEY BANK, Defendant. ORDER Defendant has filed a notice of removal and asserts that federal subject matter jurisdiction exists under 28 U.S.C. § 1332. The plaintiff is the personal representative of an estate of a decedent and is therefore deemed a citizen of the same state as the decedent. 28 U.S.C. § 1332(c)(2). The notice of removal alleges that the decedent was a “resident” of Wisconsin. (Notice of Removal ¶ 5.) However, residence and citizenship are not synonyms, and it is the latter that matters for purposes of diversity jurisdiction. See, e.g., Meyerson v. Harrah’s East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). THEREFORE, IT IS ORDERED that, within ten days of the date of this order, the defendant must provide me with information regarding the citizenship of the decedent so that I may ensure that I have jurisdiction over this matter. Dated at Milwaukee, Wisconsin, this 22nd day of March, 2013. s/ Lynn Adelman LYNN ADELMAN District Judge