Hooks v. Dollar General Corporation et al

Filing 12

OPINION AND ORDER: it is the ORDER, JUDGMENT, and DECREE of the court that the removing dft has until 11/12/2014, to amend the notice of removal to allege jurisdiction sufficiently, see 28 USC § 1653; otherwise this lawsuit shall be remanded to state court. Signed by Honorable Judge Myron H. Thompson on 11/6/2014. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION BRIDGETT HOOKS, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. DOLLAR GENERAL CORPORATION, et al., Defendants. CIVIL ACTION NO. 1:14cv1053-MHT (WO) OPINION AND ORDER The allegations insufficient to jurisdiction under citizenship) and of the invoke 28 1441 notice this U.S.C. §§ (removal). of removal court's 1332 To removal (diversity invoke are of removal jurisdiction based on diversity, the notice of removal must distinctly and affirmatively allege each party's citizenship. F.2d 653, McGovern v. American Airlines, Inc., 511 654 (5th Cir. 1975) (per curiam).* The *In Bonner v. Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit Court of Appeals adopted as binding precedent all of 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 8-10 (3d ed. 1998). The removal notice is insufficient because it does not indicate ‘limited “[L]ike the citizenship liability a limited company’: of a Glass partnership, a party that Properties, limited is a LLC. 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). citizenships The notice of all liability company.” The notice of must the therefore members of allege the “the limited Id. removal sets forth that the sole member of Glass Properties, LLC, is a "Georgia estate". But the notice fails to indicate properly the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. 2 citizenship of this "Georgia estate." is a corporation, citizenship where of the business. then both the the corporation notice State has its of If this entity must allege the incorporation and principal place of 28 U.S.C. § 1332(c)(2); American Motorist Insur. Co. v. American Employers' Insur. Co., 600 F.2d 15, 16 & n. 1 (5th Cir. 1979) (per curiam). If the entity is a partnership, the notice must indicate the citizenship of the individual partners, both general and limited. (1990). Carden v. Arkoma Associates, 494 U.S. 185 If the entity is an unincorporated association, the notice must indicate the citizenship of each and every one of its members. Xaros v. U.S. Fidelity and Guar. Co., 820 F.2d 1176, 1181 (11th Cir. 1987). As stated above, if the entity is a limited liability company, the notice must allege “[t]he citizenships of all members of the limited liability company.” Rolling Greens MHP, 374 F.3d at 1022. And if the notice entity consists of several 3 entities, the must reflect the citizenship, or citizenships, of each and every entity based on the nature of that entity. Furthermore, if the entity is the estate of a decedent, citizenship is determined by the citizenship of the deceased individual. “The legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent.” U.S.C. § 1332(c)(2). estate of, or incompetent is Similarly, if the entity is the acting person, 28 on behalf citizenship would of, a child depend child or incompetent person’s citizenship. on or the Id. *** It is therefore the ORDER, JUDGMENT, and DECREE of the court that the removing defendant has until November 12, 2014, to amend the notice of removal to allege jurisdiction sufficiently, see 28 U.S.C. § 1653; otherwise this lawsuit shall be remanded to court. DONE, this the 6th day of November, 2014. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE state

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