Willow Knolls Limited Partnership v. Hansen et al

Filing 2

ORDER by Magistrate Judge John A. Gorman re diveristy jurisdiction. Miscellaneous Deadline of 11/22/2011 for dft to file a supplement regarding jurisdiction. See written order. Entered on 11/8/11. (WW, ilcd)

E-FILED

Tuesday, 08 November, 2011 11:34:01 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS

Willow Knolls Limited Partnership,
Plaintiff
v.
Quizbiz Inc., Richard E. Hansen, and
Sharon R. Hansen,
Defendant

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Case No. 11-1405

ORDER
Defendants have removed this case from the Circuit Court of Peoria County on the basis of
diversity jurisdiction. The Notice of Removal states that plaintiff, Willow Knolls Limited Partnership,
has its main office located in Indianapolis, Indiana. The Notice goes on to state that to the best of
Defendants’ knowledge, Plaintiff “does not have a general partner with citizenship in Illinois.”
For diversity of citizenship purposes, a general partnership is a citizen of the state of each partner's
citizenship. See Carden v. Arkoma & Assoc., 494 U.S. 185(1990); Cosgrove v. Bartolotta, 150 F.3d 729,
731(7th Cir. 1998); Bond v. Veolia Water Indianapolis, LLC 571 F.Supp.2d 905, 910 (S.D.Ind.2008).
The burden is on the removing party to establish this Court’s jurisdiction over the subject matter
of the dispute. Oshana v. Coca-Cola Co., 472 F.3d 506, 511 (7th Cir. 2006). The Defendants have failed
to meet that burden. They are therefore directed to supplement, within 14 days, their jurisdictional
statement, identifying the partners in the Plaintiff and the citizenship of each. Plaintiff shall cooperate in
providing this information to Defendant.
ENTERED ON November 8, 2011
s/ John A. Gorman
JOHN A. GORMAN
UNITED STATES MAGISTRATE JUDGE