FAILOR v. CALHOUN MANAGEMENT CORPORATION
ORDER: The Defendant is ORDERED to amend its Notice of Removal to provide a basis for its assertion concerning the Defendants citizenship, i.e., (1) the states in which the Defendant is incorporated and (2) the Defendant's principal place of business. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 8/30/2017. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
CIVIL ACTION NO. 5:17-CV-322 (MTT)
Defendant Calhoun Management Corporation removed this case from the State
Court of Bibb County on August 22, 2017 pursuant to 28 U.S.C. § 1332, 1441, and
1446. Doc. 1 at 1. The removing party holds the burden to “establish federal subject
matter jurisdiction at the time the notice of removal is filed.” Cross v. Wal-Mart Stores,
E., LP, 2011 WL 976414, at *1 (M.D. Ga.) (citation omitted); see also Pretka v. Kolter
City Plaza II, Inc., 608 F.3d 744, 752 (11th Cir. 2010) (citations omitted). The
Defendant asserts this Court has diversity jurisdiction under § 1332 because the parties
are citizens of different states, the Plaintiff being a citizen of Georgia and the Defendant
being a citizen of South Carolina, and the amount in controversy exceeds $75,000.
Doc. 1 at 2. Under § 1332(c)(1), “a corporation shall be deemed to be a citizen of every
State and foreign state by which it has been incorporated and of the State or foreign
state where it has its principal place of business.” The Notice of Removal summarily
states that the Defendant corporation is “a citizen of the State of South Carolina” but
provides no basis for this assertion. Doc. 1 at 2. Accordingly, the Defendant is
ORDERED to amend its Notice of Removal to provide a basis for its assertion
concerning the Defendant’s citizenship, i.e., (1) the states in which the Defendant is
incorporated and (2) the Defendant’s principal place of business. See 28 U.S.C.
SO ORDERED, this 30th day of August, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL
UNITED STATES DISTRICT COURT
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