Linebarger-Gravemann v. Diversified Maintenance Systems, Inc.

Filing 8

ORDER re 1 Notice of Removal. The Court DIRECTS defendant to file an amended notice of removal on or before May 25, 2016. Signed by Judge David R. Herndon on 4/25/16. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RHONDA LINEBARGER-GRAVEMANN,
Plaintiff,

v.

No. 16-0423-DRH

DIVERSIDIED MAINTENANCE SYSTEMS, INC.,
Defendant.

MEMORANDUM and ORDER

HERNDON, District Judge:
On April 14, 2016, defendant removed the case from the Madison County,
Illinois Circuit Court to this Court based on diversity jurisdiction, 28 U.S.C. § 1332
(Doc. 1).

However, a review of the notice of removal states that plaintiff is a

resident of Illinois and the complaint does not address plaintiff’s citizenship.
“[R]esidence and citizenship are not synonyms and it is the latter that matters for
purposes of the diversity jurisdiction.” Meyerson v. Harrah's E. Chicago Casino,
299 F.3d 616, 617 (7th Cir. 2002).

See also Tylka v. Gerber Prods. Co., 211 F.3d

445, 448 (7th Cir. 2000) (“[A]llegations of residence are insufficient to establish
diversity jurisdiction.”); Held v. Held, 137 F.3d 998, 1000 (7th Cir. 1998) (same).
Thus, the Court DIRECTS defendants to file an amended notice of removal on or
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before May 25, 2016 or the Court will remand this matter to the Madison County,
Illinois Circuit Court.
IT IS SO ORDERED.
Signed this 25th day of April, 2016.

Digitally signed by
Judge David R.
Herndon
Date: 2016.04.25
15:29:35 -05'00'
United States District Judge

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