Silaev v. Swiss-America Trading Corporation

Filing 9

ORDER, by 12/30/14, 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; 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. Signed by Senior Judge James A Teilborg on 12/16/14. (REW)

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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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“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 fails to sufficiently plead jurisdiction. See 28
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U.S.C. § 1332; Hertz Corp. v. Friend, 559 U.S. 77, 80, 92-93 (2010) (discussing the
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citizenship of a corporation).
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Accordingly,
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IT IS ORDERED that by December 30, 2014, Defendant shall file a supplement to
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the notice of removal properly alleging federal subject matter jurisdiction, or this case will
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be remanded for lack of federal subject matter jurisdiction.
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IT IS FURTHER ORDERED that, within 30 days of the notice of removal, Plaintiff
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may move to remand because a resident defendant cannot remove a case to federal court
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based on diversity jurisdiction. 28 U.S.C. § 1441(b)(2) (“A civil action otherwise removable
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solely on the basis of the jurisdiction under section 1332(a) of this title may not be removed
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if any of the parties in interest properly joined and served as defendants is a citizen of the

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State in which such action is brought.”).

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DATED this 16th day of December, 2014.

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