Moore-McElvene et al v. Griva et al

Filing 5

OPINION AND ORDER re 2 Notice of Removal filed by TST Solutions LP, Milena Griva. Defendants are ORDERED TO file an Amended Notice of Removal forthwith, alleging on personal knowledge the citizenship of each plaintiff. Signed by Magistrate Judge Roger B Cosbey on 5/19/11. (jcp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
ALFREDIA MOORE-MCELVENE,
FREDERICK MOORE, and
JAMARCUS ROGERS,

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Plaintiffs,
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v.
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MILENA GRIVA and TST SOLUTIONS, L.P., )
d/b/a TST OVERLAND EXPRESS,
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TST EXPEDITED SERVICES,
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TST TRUCKLOAD EXPRESS,
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Defendants.
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CAUSE NO. 1:11-CV-163

OPINION AND ORDER
This case was removed to this Court from the Allen Superior Court by Defendants based
on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). (Docket # 2.) The Notice of Removal
alleges that on information and belief, the Plaintiffs are citizens of Indiana. (Notice of Removal ¶
10.)
The Defendants must file an Amended Notice of Removal, however, because
“[a]llegations of federal subject matter jurisdiction may not be made on the basis of information
and belief, only personal knowledge.” Yount v. Shashek, 472 F. Supp. 2d 1055, 1057 n.1 (S.D.
Ill. 2006); Ferolie Corp. v. Advantage Sales & Mktg., LLC, No. 04 C 5425, 2004 WL 2433114,
at *1 (N.D. Ill. Oct. 28, 2004); Hayes v. Bass Pro Outdoor World, LLC, No. 02 C 9106, 2003
WL 187411, at *2 (N.D. Ill. Jan. 21, 2003); Multi-M Int’l, Inc. v. Paige Med. Supply Co., 142
F.R.D. 150, 152 (N.D. Ill. 1992).
Therefore, the Defendants are ORDERED to file an Amended Notice of Removal

forthwith, alleging on personal knowledge the citizenship of each Plaintiff.

SO ORDERED.
Enter for May 19, 2011
/S/ Roger B. Cosbey
Roger B. Cosbey,
United States Magistrate Judge

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