Brown et al v. Ocwen Loan Servicing, LLC

Filing 7

OPINION AND ORDER that the removing party has until May 6, 2011, to amend the notice of removal to allege jurisdiction sufficiently, 28 U.S.C. § 1653; otherwise this lawsuit shall be remanded to state court. Signed by Honorable Myron H. Thompson on 4/21/2011. (br, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

JOSEPH D. BROWN, JR. and
NADINE BROWN,

)
)
)
Plaintiffs,
)
)
v.
)
)
OCWEN LOAN SERVICING, LLC, )
)
Defendant.
)

CIVIL ACTION NO.
2:11cv279-MHT
(WO)

OPINION AND ORDER
The

allegations

of

the

notice

of

removal

are

insufficient to invoke this court's removal jurisdiction
under 28 U.S.C. §§ 1332 (diversity of citizenship) and
1441 (removal).

To invoke removal jurisdiction based on

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

McGovern

v. American Airlines, Inc., 511 F. 2d 653, 654 (5th Cir.
1975) (per curiam).

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 notice of removal fails to meet this standard.
The

notice

gives

the

"residence"

"citizenship" of the plaintiffs.

rather

than

the

An allegation that a

party is a "resident" of a State is not sufficient to
establish that a party is a "citizen" of that State.
Delome v. Union Barge Line Co., 444 F.2d 225, 233 (5th
Cir.), cert. denied, 404 U.S. 995 (1971).
It is therefore the ORDER, JUDGMENT, and DECREE of
the court that the removing party has until May 6, 2011,
to amend the notice of removal to allege jurisdiction
sufficiently, 28 U.S.C. § 1653; otherwise this lawsuit
shall be remanded to state court.
DONE, this the 21st day of April, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE