Davis et al v. Aramark Corporation et al
ORDER: IT IS ORDERED that by August 29, 2017, Defendants shall file a supplement to the notice of removal properly alleging federal subject matter jurisdiction or this case will be remanded to state court. Signed by Senior Judge James A Teilborg on 8/25/17. (MAW)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Gayla Davis and Rodney Davis,
Aramark Corporation and Aramark Sports
and Entertainment Services LLC,
AInquiring 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). Here, Defendants removed the case based on diversity but failed to plead
the citizenship of the limited liability company as required by Johnson v. Columbia
Properties Anchorage, 437 F.3d 894, 899 (9th Cir. 2006).
IT IS ORDERED that by August 29, 2017, Defendants shall file a supplement to
the notice of removal properly alleging federal subject matter jurisdiction or this case will
be remanded to state court.1
Dated this 25th day of August, 2017.
This is at least the second case in which counsel Johnson and Staudinger have
removed a case without making a good faith effort to correctly plead jurisdiction. See
CV 16-3101-PHX-JAT (Doc. 11). In the future the Court will consider remanding the
case without warning if counsel fails to allege jurisdiction in the notice of removal itself.
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