Carr et al v. Esurance Insurance Company

Filing 9

ORDER re 1 NOTICE OF REMOVAL from Maricopa County Superior, case number CV2009-090720; that by 5/22/09, Defendant shall file an amended notice of removal properly alleging federal subject matter jurisdiction, or this case will be remanded for lack of federal subject matter jurisdiction. Signed by Judge James A Teilborg on 5/7/09. (LSP)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Terry L. Carr; Rodney C. Carr, Plaintiffs, vs. Esurance Insurance Company, Defendant.

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No. CV 09-667-PHX-JAT ORDER

"Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir. 2003). In this case, the notice of removal fails to sufficiently plead jurisdiction. See 28 U.S.C. § 1332. First, the notice of removal fails to allege a state of incorporation and a principal place of business for Defendant. See Industrial Tectonics v. Aero Alloy, 912 F.2d 1090, 1092, 1094 (9th Cir. 1990). Second, the notice of removal states that "Plaintiff is a resident" of Arizona, but it does not plead Plaintiff's citizenship, nor does it acknowledge that there are two Plaintiffs. See Kanter v. Warner-Lambert, 265 F.3d 853, 857-858 (9th Cir. 2001). Accordingly, IT IS ORDERED that by May 22, 2009, Defendant (as the party asserting jurisdiction and therefore, with the burden of pleading jurisdiction, see Industrial Tectonics,

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912 F.2d at 1092) shall file an amended notice of removal properly alleging federal subject matter jurisdiction, or this case will be remanded for lack of federal subject matter jurisdiction. DATED this 7th day of May, 2009.

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