Silaev v. Swiss-America Trading Corporation

Filing 18

ORDER that Defendant shall file a second supplement to the Notice of Removal properly alleging federal subject matter jurisdiction by February 25, 2015 or this case will be remanded to State Court. Signed by Senior Judge James A Teilborg on 2/19/2015. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Serguei Silaev,
Plaintiff,

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vs.

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Swiss-America Trading Corp.,
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Defendant.
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No. CV 14-2551-PHX-JAT
ORDER

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On December 16, 2014, this 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; Hertz Corp. v. Friend,
559 U.S. 77, 80, 92-93 (2010) (discussing the citizenship of a corporation).
Accordingly,
IT IS ORDERED that by December 30, 2014, 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.
IT IS FURTHER ORDERED that, within 30 days of the notice of
removal, Plaintiff may move to remand because a resident defendant cannot
remove a case to federal court based on diversity jurisdiction. 28 U.S.C. §
1441(b)(2) (“A civil action otherwise removable solely on the basis of the
jurisdiction under section 1332(a) of this title may not be removed if any of the
parties in interest properly joined and served as defendants is a citizen of the
State in which such action is brought.”).

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On December 17, 2014, Defendant filed a supplement to the notice of removal stating

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that Plaintiff chose to waive his right to remand under 28 U.S.C. § 1441. Defendant failed

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to address or cure the deficiencies to the allegation of federal subject matter jurisdiction.

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Accordingly,

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IT IS ORDERED that Defendant shall file a second supplement to the notice of

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removal properly alleging federal subject matter jurisdiction by February 25, 2015 or this

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case will be remanded to state court.

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DATED this 19th day of February, 2015.

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