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