Brooks v. The Cato Corporation et al
Filing
3
ORDER that defendants have until 6/28/05 to amend the notice of removal to allege sufficient jurisdiction; Amended Pleadings due by 6/28/2005. Signed by Judge Myron H. Thompson on 6/8/05. (ajr, )
Brooks v. The Cato Corporation et al
Doc. 3
Case 1:05-cv-00506-MHT-CSC
Document 3
Filed 06/08/2005
Page 1 of 2
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
ANGELA BROOKS, Plaintiff, v. THE CATO CORPORATION and CATO FASHIONS OF ALA., INC., Defendants.
) ) ) ) CIVIL ACTION NO. ) 1:05cv506-T ) (WO) ) ) ) ) ) ORDER
The
allegations
of
the
notice
of
removal
are
insufficient to invoke this court's removal jurisdiction under 28 U.S.C.A. §§ 1332 (diversity of citizenship) 1441 (removal). To invoke removal jurisdiction based on
diversity, the notice of removal must distinctly and affirmatively allege each party's citizenship. McGovern
v. American Airlines, Inc., 511 F. 2d 653, 654 (5th Cir. 1975) (per curiam). The allegations must show that the
citizenship of each plaintiff is different from that of
Dockets.Justia.com
Case 1:05-cv-00506-MHT-CSC
Document 3
Filed 06/08/2005
Page 2 of 2
each defendant. Moore, et al.,
28 U.S.C.A. § 1332; see also 2 James Wm. Moore's Federal Practice ¶ 8.03[5][b] at
8-10 (3d ed. 1998). The notice of removal fails to meet this standard. The notice gives the "residence" rather than the
"citizenship" of the plaintiff.
An allegation that a
party is a "resident" of a State is not sufficient to establish that a party is a "citizen" of that State. Delome v. Union Barge Line Co., 444 F.2d 225, 233 (5th Cir.), cert. denied, 404 U.S. 995, 92 S.Ct. 534 (1971). It is therefore the ORDER, JUDGMENT, and DECREE of the court that defendants have until June 28, 2005, to amend the notice of removal to allege jurisdiction
sufficiently, 28 U.S.C.A. § 1653; otherwise this lawsuit shall be remanded to state court. DONE, this the 8th day of June, 2005.
/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?