Jones Brothers Roofing Company, Inc. et al v. Lexington Insurance Company et al

Filing 18

ORDER directing that the removing parties have until February 28, 2014, to amend the 1 notice of removal to allege jurisdiction sufficiently, 28 U.S.C. § 1653; otherwise this lawsuit shall be remanded to state court. Signed by Honorable Judge Myron H. Thompson on 2/18/14. (scn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION JONES BROTHERS ROOFING COMPANY, INC. and ONESIMO GOMEZ, Plaintiffs, v. LEXINGTON INSURANCE COMPANY, GREAT AMERICAN E & S INSURANCE COMPANY, and GEMINI INSURANCE COMPANY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:13cv900-MHT (WO) 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 28 U.S.C. § 1332; see also 2 James Wm. each defendant. 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" rather "citizenship" of plaintiff Onesimo Gomez. 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 parties have until February 28, 2014, 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 18th day of February, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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