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, )
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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