ASD Specialty Healthcare, Inc. v. Integrated Community Oncology Network, LLC et al

Filing 6

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
ASD SPECIALTY
HEALTHCARE, INC., d/b/a
ONCOLOGY SUPPLY,

)
)
)
)
Plaintiff,
)
)
v.
)
)
INTEGRATED COMMUNITY
)
ONCOLOGY NETWORK, L.L.C., )
and THOMAS A. MARSLAND, )
M.D.,
)
)
Defendants.
)

CIVIL ACTION NO.
1:14cv976-MHT
(WO)

OPINION AND ORDER
The

allegations

insufficient

to

jurisdiction

under

of

the

notice

invoke
28

this

U.S.C.

§§

citizenship) and 1441 (removal).

of

removal

court's
1332

are

removal

(diversity

of

To invoke removal

jurisdiction based on diversity, the notice of removal
must distinctly and affirmatively allege each party's
citizenship.

See McGovern v. American Airlines, Inc.,

511 F. 2d 653, 654 (5th Cir. 1975) (per curiam).
allegations

must

show

that

the

citizenship

of

The
each

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[5][b] at 8-16 (3d
ed. 2006).
The removal notice is insufficient because it does
not

indicate

the

citizenship

of

a

party

that

‘limited

liability

company’:

Integrated

Oncology

Network,

L.L.C.

“[L]ike

is

a

Community
a

limited

partnership, a limited liability company is a citizen
of any state of which a member of the company is a
citizen.”

Rolling

Greens

MHP,

L.P.

v.

Comcast

SCH

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.”

Id.

(And if the entity consists of several entities, the
complaint

must

reflect

the

citizenship,

or

citizenships, of each and every entity based on the
nature of that entity.)
2

***

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
otherwise

sufficiently,

this

lawsuit

see

shall

28
be

U.S.C.

§

1653;

remanded

to

state

court.
DONE, this the 7th day of October, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE