Ambling University Development Group LLC v. Tuskegee University

Filing 20

OPINION AND ORDER, JUDGMENT and DECREE of the court that defendant Tuskegee University has until 8/4/2014 to amend the notice of removal again to allege jurisdiction sufficiently, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/28/14. (djy, )

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

AMBLING UNIVERSITY
DEVELOPMENT GROUP, LLC,
Plaintiff,
v.
TUSKEGEE UNIVERSITY,
Defendant.

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CIVIL ACTION NO.
3:14cv402-MHT
(WO)

OPINION AND ORDER
The allegations of the amended notice of removal are
insufficient to invoke this court's removal jurisdiction
under 28 U.S.C. §§ 1332 (diversity of citizenship) and
1441 (removal).

As stated in an earlier opinion and

order, to invoke removal jurisdiction based on diversity,
the notice of removal must distinctly and affirmatively
allege each party's citizenship. See 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[5][b] at 8-16 (3d ed.
2006).

The most-recent attempt to amend the removal

notice is insufficient in three respects.
First,

the

amended

notice

of

removal

gives

the

"residence" rather than the "citizenship" of Gregory R.
Blais, Charles P. Perry, R. Gregory Hunter, Amanda Holmes,
Kenneth Zimmer, Lynn Zimmer, Ellen Ann Eckman, Joseph
Eckman, Christian Noyes, Noelle Noyes, and Chris Greer.
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).
Second,

it

does

not

adequately

indicate

the

citizenship of the following entities that appear to be
‘limited liability companies’: The Fullerton Group, LLC,
and Sage Ventures, LLC. As stated before, “like 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.,

2

374 F.3d 1020, 1022 (11th Cir. 2004). The notice must
therefore allege the citizenships of all the members of
these limited liability company.

Id.

(And if the entity

consists of several entities, the complaint must reflect
the citizenship, or citizenships, of each and every entity
based on the nature of that entity.)
Third and finally, the amended notice of removal is
insufficient because it does not adequately indicate the
citizenships of the following entities:

Trust of Ellen

Ann Eckman F/B/O Kathy Ann Joseph and Trust of Ellen Ann
Eckman F/B/O Joseph Frederick Eckman.
is

a

corporation,

then

the

notice

If the trust entity
must

allege

the

citizenship of both the State of incorporation and where
the corporation has its principal place of business.

28

U.S.C. § 1332(c)(2); American Motorist Insur. Co. v.
American Employers' Insur. Co., 600 F.2d 15, 16 & n. 1
(5th Cir. 1979) (per curiam).

If the trust entity is a

partnership, the notice must indicate the citizenship of
the individual partners, both general and limited. Carden

3

v. Arkoma Associates, 494 U.S. 185, 110 S.Ct. 1015 (1990).
If the trust entity is an unincorporated association, the
notice must indicate the citizenship of each and every one
of its members.

Xaros v. U.S. Fidelity and Guar. Co., 820

F.2d 1176, 1181 (11th Cir. 1987).

If the trust entity is

a limited liability company, then, as stated, the notice
must allege “[t]he citizenships of all members of the
limited liability company.” Rolling Greens MHP, L.P. v.
Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11 Cir.
2004).

And if, as stated, the entity consists of several

entities, the notice must reflect the citizenship, or
citizenships, of each and every entity based on the nature
of that entity.
xxx
It is therefore the ORDER, JUDGMENT, and DECREE of the
court that defendant Tuskegee University has until August
4, 2014, to amend the notice of removal again to allege
jurisdiction sufficiently. See 28 U.S.C. § 1653.
DONE, this the 28th day of July, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE