Lee v. Alabama CVS Pharmacy, L.L.C.
OPINION AND ORDER: it is the ORDER, JUDGMENT, and DECREE of the court that removing dft Alabama CVS Pharmacy, LLC, has until 11/10/2014, 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 10/27/2014. (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
Personal Representative of
the Estate of Daisy R. Lee
a/k/a Daisy Rudolph Lee,
CIVIL ACTION NO.
OPINION AND ORDER
citizenship) and 1441 (removal).
To invoke removal
jurisdiction based on diversity, the notice of removal
must distinctly and affirmatively allege each party's
See McGovern v. American Airlines, Inc.,
511 F. 2d 653, 654 (5th Cir. 1975) (per curiam).
plaintiff is different from that of each defendant.
See 28 U.S.C. § 1332; see also 2 James Wm. Moore, et
al., Moore's Federal Practice § 8.03[b] at 8-16 (3d
The notice of removal fails to meet this standard
representative of the estate of a decedent shall be
deemed to be a citizen only of the same State as the
decedent ...." 28 U.S.C. § 1332(c)(2).
notice purports to give the "residence" rather than the
"citizenship" of decedent Daisy R. Lee.
sufficient to establish that a party is a "citizen" of
Delome v. Union Barge Line Co., 444 F.2d
225, 233 (5th Cir.), cert. denied, 404 U.S. 995 (1971).
The removal notice is also insufficient because it
does not indicate the citizenship of a party that is a
limited liability company is a citizen of any state of
which a member of the company is a citizen.”
Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374
therefore allege “the citizenships of all the members
of the limited liability company.”
If the member
citizenship of that entity based on the nature of that
The allegation of citizenship as to Alabama
CVS Pharmacy, L.L.C.’s sole member, CVS Pharmacy, Inc.,
citizenship, the notice must allege both the State of
§ 1332(c)(1); American Motorists Ins. Co. v. American
Employers' Ins. Co., 600 F.2d 15, 16 and n.1 (5th Cir.
1979) (per curiam).
Therefore, the notice must be
amended to allege both CVS Pharmacy, Inc.’s State of
incorporation and where it has its principal place of
It is therefore the ORDER, JUDGMENT, and DECREE of
the court that removing defendant Alabama CVS Pharmacy,
notice of removal to allege jurisdiction sufficiently,
see 28 U.S.C. § 1653; otherwise this lawsuit shall be
remanded to state court.
DONE, this the 27th day of October, 2014.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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