Gordon v. Dunbar et al
ORDER Directing the Defendant to file an amended 1 Notice of Removal. (Compliance due by 3/4/2021). Signed by Judge William T. Moore, Jr on 2/18/21. (wwp)
Case 4:21-cv-00040-WTM-CLR Document 9 Filed 02/18/21 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
CASE NO. CV421-040
ANTHONY LOWVEL DUNBAR, EVANS
DELIVERY COMPANY, INC., THORNE
TRUCKING COMPANY, LLC, NATIONAL
UNION FIRE INS. CO., and AIG
PROP. CASUALTY COMPANY,
Before the Court is Defendants' Notice of Removal. (Doc. 1.)
However, the jurisdictional allegations contained in the notice of
removal are insufficient to establish complete diversity between
the parties. Accordingly, Defendants are DIRECTED to file within
fourteen (14) days from the date of this order an amended notice
of removal that lists the citizenships of the members of Defendant
Thorne Trucking Company, LLC.
On January 11, 2021, Plaintiff Theodore Gordon filed this
case in the State Court of Chatham County, Georgia. (Doc. 1,
Attach. 1 at 1.) On February 9, 2021, Defendants removed the case
to this Court pursuant to 28 U.S.C. §§ 1332 and 1441. (Doc. 1 at
1.) ^^A party removing a case to federal court based on diversity
of citizenship bears the burden of establishing the citizenship of
the parties." Rolling Greens MHP, L.P. v. Comcast SCH Holdings
L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004) (citing Williams v.
Best Buy Co., Inc., 269 F.3d 1316, 1319 (11th Cir. 2001)).
Case 4:21-cv-00040-WTM-CLR Document 9 Filed 02/18/21 Page 2 of 2
Here, Defendants, as the removing parties, have failed to
adequately allege the citizenships of Defendant Thorne Trucking.
In their notice of removal. Defendants simply state that "Thorne
Trucking Company, LLC is a foreign LLC not registered in the State
jurisdiction, a limited liability company ("LLC") is a citizen of
every state in which any of its members are citizens. Rolling
Greens MHP, LP, 374 F.3d at 1021-22. The United States Court of
Appeals for the Eleventh Circuit has been explicit in addressing
the proper method to allege sufficiently the citizenship of an
LLC: "a party must list the citizenships of all the members of the
limited liability company." Id. at 1022. Accordingly, Defendants'
statement about Thorne Trucking's citizenship is not sufficient to
establish complete diversity. As a result. Defendants are directed
to file an
amended notice of removal
within fourteen (14) days
from the date of this order listing all members of Defendant Thorne
Trucking and their citizenships.^
SO ORDERED this /^"^ay of February 2021.
WILLIAM T. MOORE, JR.'
UNITED STATES DISTRICT COURT
DISTRICT OF GEORGIA
^ The Court will not accept any amended notice of removal that
incorporates by reference any factual allegation or argument
contained in an earlier filing, or that offers only a piecemeal
amendment. Defendants' amended notice of removal should be a stand
alone filing that independently contains all the factual
allegations necessary to establish diversity between the parties.
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