CM Apartments LLC et al v. Travelers Insurance Company of America

Filing 13

ORDER that by February 21, 2013, Defendant shall file a supplement to the 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 2/7/13. (DMT)

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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 ) ) ) Plaintiffs, ) ) vs. ) ) Travelers Casualty Insurance Company of) ) America, ) ) Defendant. ) ) CM Apartments, LLC; Jose Prado, No. CV 13-0039-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; Johnson v. Columbia Properties Anchorage, 437 F.3d 894, 899 (9th Cir. 20 2006) (discussing the citizenship of limited liability companies). Accordingly, 21 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 IT IS ORDERED that by February 21, 2013, Defendant shall file a supplement to the 2 notice of removal properly alleging federal subject matter jurisdiction, or this case will be 3 remanded for lack of federal subject matter jurisdiction. 4 DATED this 7th day of February, 2013. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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