Hoffman v. Cellco Partnership

Filing 5

OPINION AND ORDER directing that defendant Verizon Wireless Services, LLC has until 1/31/2014 to amend the notice of removal to allege jurisdiction sufficiently, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 1/21/14. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

EDWARD JAMES HOFFMAN,
Plaintiff,
v.
VERIZON WIRELESS SERVICES
LLC,
Defendant.

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CIVIL ACTION NO.
1:14cv23-MHT
(WO)

OPINION AND ORDER
The

allegations

of

the

notice

of

removal

are

insufficient to invoke this court's removal jurisdiction
under 28 U.S.C. §§ 1332 (diversity of citizenship) and
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
each defendant.

28 U.S.C. § 1332; see also 2 James Wm.

Moore, et al., Moore's Federal Practice ¶ 8.03[5][b] at 810 (3d ed. 1998).
The notice of removal is insufficient because it does
not indicate the citizenship of defendant Verizon Wireless
Services, LLC.

If an entity is a limited liability

company, the notice must allege “[t]he citizenships of all
members of the limited liability company,” Rolling Greens
MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020,
1022 (11 Cir. 2004), and, if one of the members is a
partnership, the notice must indicate the citizenship of
the individual partners, both general and limited. Carden
v. Arkoma Associates, 494 U.S. 185, 110 S.Ct. 1015 (1990).
Here, the removal notice fails to give the citizenship of
the individual partners of Cellco Partnership, which is
the sole member of defendant Verison Wireless Services,
LLC, which is a limited liability company.
***
It is therefore the ORDER, JUDGMENT, and DECREE of the
court that defendant Verizon Wireless Services, LLC, has

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until January 31, 2014, to amend the notice of removal to
allege jurisdiction sufficiently, see 28 U.S.C. § 1653;
otherwise this lawsuit shall be remanded to state court.
DONE, this the 21st day of January, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE