Normal Place, LLC v. The American Insurance Company

Filing 5

ORDER in re jurisdiction. Defendant is ordered to file, within 14 days of this date, a jurisdictional supplement to the Notice of Removal that adequately sets forth the basis for this Courts jurisdiction. (Miscellaneous Deadline of 12/21/2012 created). Entered by Magistrate Judge John A. Gorman on 12/6/12. (WW, ilcd)

E-FILED

Thursday, 06 December, 2012 02:39:35 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
Normal Place, LLC,
Plaintiff
v.
The American Insurance Company,
Defendant

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12-1503

ORDER
On Dec. 4, 2012, Defendant removed this case from the Circuit Court of McLean
County. The Notice of Removal states that the court has jurisdiction pursuant to 28 USC
1332, because the parties are citizens of different states and the amount in controversy
exceeds $75,000. In making that general statement, Defendant relies on the complaint’s
allegation that Normal Place is a “Delaware corporation with its principal place of
business in Atlanta, Georgia.”
Plaintiff is a limited liability corporation. The citizenship of a limited liability
corporation is determined by the citizenship of each of its members as of the date the
complaint was filed. Lexington Ins. Co. v. Gilco Scaffolding Co., LLC, 2008 WL
2035760, 1 (ND Ill), citing Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir.1998);
Thomas v Guardsmark, LLC, 487 F3d 531, 533-34 (7th Cir 2007); and Wise v Wachovia
Securities LLC, 450 F3d 265, 267 (7th Cir 2006); see also Intec USA LLC v Engle, 467
F3d 1038, 1042-43 (7th Cir 2006); and Camico Mutual Insurance Co v Citizens Bank, 474
F.3d 989, 992 (7th Cir 2007).
Neither the Notice of Removal nor the removed complaint contains adequate
allegations from which this Court is able to ascertain its jurisdiction. The “obligation to

establish the propriety of federal jurisdiction always lies with the party invoking it, in this
case defendants.” MTC Development Group LLC v Lewis, 2011 WL5868236 (ND Ill),
citing Boyd v Phoenix Funding Corp, 366 F3d 524, 529 (7th Cir 2004).
Accordingly, Defendant is ordered to file, within 14 days of this date, a
jurisdictional supplement to the Notice of Removal that adequately sets forth the basis for
this Court’s jurisdiction.
ENTERED this 6th day of December, 2012.
s/ John A. Gorman
JOHN A. GORMAN
UNITED STATES MAGISTRATE JUDGE