Charochak et al v. Secura Supreme Insurance Company et al

Filing 10

ORDER that by July 20, 2012, 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 7/13/2012. (LFIG)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9
10
11
12
13
14
15

John S. Charochak
Charochak,

and

Leonora)
)
)
Plaintiffs,
)
)
vs.
)
)
)
Secura Supreme Insurance Company,
)
)
Defendant.
)
)
)

No. CV 12-1297-PHX-JAT
ORDER

16

“Inquiring whether the court has jurisdiction is a federal judge’s first duty in every

17

case.” Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th

18

Cir. 2003). In this case, the notice of removal fails to sufficiently plead jurisdiction. See 28

19

U.S.C. § 1332; Hertz Corp. v. Friend, 130 S. Ct. 1181, 1192; - - - U.S. - - - (2010); Carden

20

v. Arkoma Associates, 494 U.S. 185, 195-96 (1990).

21

Specifically, Defendant claims it is a “foreign” corporation with it principal place of

22

business in Wisconsin.

However, the caption does not reflect that Defendant is a

23

corporation.1 Further, even if Defendant is a corporation, it must allege its state of

24

incorporation.

25
26
27
28

1

“The citizenship of an unincorporated insurance association or unincorporated
reciprocal of interinsurance exchange is determined not by the citizenship of its
policyholders, but by the citizenship of its members.” 1 Fed. Proc., L. Ed. § 1:173 (footnotes
omitted).

1

Accordingly,

2

IT IS ORDERED that by July 20, 2012, Defendant shall file an amended notice of

3

removal properly alleging federal subject matter jurisdiction, or this case will be remanded

4

for lack of federal subject matter jurisdiction.

5

DATED this 13th day of July, 2012.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-