APR, LLC v. American Aircraft Sales, Inc., et al
OPINION AND ORDER directing that the defendants American Aircraft Sales, Inc. and Jet Tolbert have until December 21, 2012, to amend the notice of removal to allege jurisdiction sufficiently, see 28 U.S.C. § 1653; otherwise this lawsuit shall be remanded to state court. Signed by Honorable Judge Myron H. Thompson on 12/10/12. (scn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
AMERICAN AIRCRAFT SALES,
INC.; and JET TOLBERT,
individually, and as an
agent, servant, and/or
employee of American
Aircraft Sales, Inc.,
CIVIL ACTION NO.
OPINION AND ORDER
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
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.
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 ed. 2006).
because it does not indicate the citizenship of a party
that is a ‘limited liability company’: plaintiff APR,
“[L]ike a limited partnership, a limited 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). The removal notice must therefore allege “the
citizenships of all the members of the limited liability
(And if the entity consists of several
citizenship, or citizenships, of each and every entity
based on the nature of that entity.)
corporation shall be deemed a citizen, first, of all
States by which it has been incorporated and, second,
the State where it has its principal place of business.
To invoke jurisdiction based on diversity in a case in
which a corporation is a party, it is thus necessary to
allege distinctly and affirmatively all the States by
which the corporation has been incorporated and the State
in which the corporation has its principal place of
Employers' Ins. Co., 600 F.2d 15, 16 and n.1 (5th Cir.
1979) (per curiam).
The removal notice fails to allege
American Aircraft Sales, Inc.
removal notice fails to meet 28 U.S.C.
"residence" rather than the "citizenship" of defendant
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.
It is therefore the ORDER, JUDGMENT, and DECREE of
the court that the defendants American Aircraft Sales,
Inc. and Jet Tolbert have until December 21, 2012, to
lawsuit shall be remanded to state court.
DONE, this the 10th day of December, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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