Jones Brothers Roofing Company, Inc. et al v. Lexington Insurance Company et al
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, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JONES BROTHERS ROOFING
COMPANY, INC. and
COMPANY, GREAT AMERICAN
E & S INSURANCE COMPANY,
and GEMINI INSURANCE
CIVIL ACTION NO.
insufficient to invoke this court's removal jurisdiction
under 28 U.S.C. §§ 1332 (diversity of citizenship) and
To invoke removal jurisdiction based on
diversity, the notice of removal must distinctly and
affirmatively allege each party's citizenship.
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.
Moore, et al.,
Moore's Federal Practice ¶ 8.03[b] at
8-10 (3d ed. 1998).
The notice of removal fails to meet this standard.
"citizenship" of plaintiff Onesimo Gomez.
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,
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?