ASD Specialty Healthcare, Inc. v. Integrated Community Oncology Network, LLC et al
OPINION AND ORDER: It is therefore the ORDER, JUDGMENT, and DECREE of the court that the removing defendant has until October 21, 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. Signed by Honorable Judge Myron H. Thompson on 10/7/2014. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
HEALTHCARE, INC., d/b/a
ONCOLOGY NETWORK, L.L.C., )
and THOMAS A. MARSLAND, )
CIVIL ACTION NO.
OPINION AND ORDER
citizenship) and 1441 (removal).
To invoke removal
jurisdiction based on diversity, the notice of removal
must distinctly and affirmatively allege each party's
See McGovern v. American Airlines, Inc.,
511 F. 2d 653, 654 (5th Cir. 1975) (per curiam).
plaintiff is different from that of each defendant.
See 28 U.S.C. § 1332; see also 2 James Wm. Moore, et
al., Moore's Federal Practice § 8.03[b] at 8-16 (3d
The removal notice is insufficient because it does
partnership, a limited liability company is a citizen
of any state of which a member of the company is a
Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004).
The notice must therefore allege “the citizenships of
all the members of the limited liability company.”
(And if the entity consists of several entities, the
citizenships, of each and every entity based on the
nature of that entity.)
It is therefore the ORDER, JUDGMENT, and DECREE of
the court that the removing defendant has until October
21, 2014, to amend the notice of removal to allege
DONE, this the 7th day of October, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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