Barrick Properties Incorporated v. Universal Asset Management LLC et al

Filing 20

ORDER that this case is remanded to Maricopa County Superior Court (the 8 motion to dismiss filed July 6, 2011 and the 18 motion to stay filed July 20, 2011 shall be pending before the Maricopa County Superior Court). Signed by Judge James A Teilborg on 11/07/11. (Attachments: # 1 Remand Letter)(ESL)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Universal Asset Management, LLC; Gary)
M. Lee; E.T. Archer Corp.; Archer)
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Constructors, Inc.,
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Defendants.
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Barrick Properties, Inc.,

No. CV 11-1254-PHX-JAT
ORDER

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On August 10, 2011, the Court issued the following order:

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“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; Johnson v. Columbia
Properties Anchorage, 437 F.3d 894, 899 (9th Cir. 2006) (discussing the
citizenship of a limited liability company).
Accordingly,
IT IS ORDERED that by August 31, 2011, Defendants (as the parties
asserting jurisdiction and therefore, with the burden of pleading jurisdiction,
see Lew v. Moss, 797 F.2d 747, 749 (9th Cir. 1986)) 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.

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Doc. 19.

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Defendants failed to file an amended notice of removal; accordingly, Defendants have

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failed to properly alleging the citizenship of the limited liability company. Because

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Defendants have failed to meet their burden of pleading federal subject matter jurisdiction,

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IT IS ORDERED that this case is remanded to Maricopa County Superior Court (the

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motion to dismiss filed July 6, 2011 and the motion to stay filed July 20, 2011 shall be

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pending before the Maricopa County Superior Court).

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DATED this 7th day of November, 2011.

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