Fishman v. TransUnion LLC

Filing 8

ORDER - IT IS ORDERED that Defendant must file an amended Notice of Removal byDecember 19, 2011, properly alleging federal subject matter jurisdiction, or this case will be remanded to state court. (See document for full details). Signed by Judge James A Teilborg on 11/23/11. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Stanley Fishman,
Plaintiff,

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vs.

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Trans Union Inc.,
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Defendant.
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No. CV 11-2105-PHX-JAT
ORDER

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“Inquiring whether the court has jurisdiction is a federal judge’s first duty in every
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case.” Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th

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Cir. 2003). In this case, the Notice of Removal pleads jurisdiction based on 28 U.S.C. §
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1332, which is diversity. However, the Notice of Removal fails to adequately allege the
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citizenship of the parties such that this Court can independently assess its jurisdiction.
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Specifically, limited liability companies take on the citizenship of their members.
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Johnson v. Columbia Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir. 2006). The

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Notice of Removal notes that Defendant is a limited liability company which Plaintiff
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incorrectly called a corporation. Because the Notice of Removal fails to plead the citizenship
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of the membership of the Defendant limited liability company, it fails to allege jurisdiction.
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Therefore,
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IT IS ORDERED that Defendant must file an amended Notice of Removal by

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December 19, 2011, properly alleging federal subject matter jurisdiction, or this case will be

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remanded to state court.

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DATED this 23rd day of November, 2011.

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