Pool Corporation v. Penske Truck Leasing Co LP
Filing
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OPINION AND ORDER; defendant is ORDERED to supplement the record by filing an Amended Notice of Removal on/before 1/6/12, properly alleging the citizenship of Penske Leasing Co LP as outlined. Signed by Magistrate Judge Roger B Cosbey on 12/28/11.(jcp)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
POOL CORPORATION,
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Plaintiff,
v.
PENSKE TRUCK LEASING CO., L.P.,
Defendant.
CAUSE NO. 1:11-CV-423
OPINION AND ORDER
This case was removed to this Court from the Allen Superior Court by the Defendant
based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). (Docket # 2.) The Notice of
Removal alleges that the Defendant, Penske Truck Leasing Co., L.P., is “a limited partnership
organized and existing under the laws of the State of Pennsylvania with a principal place of
business in the State of Pennsylvania, which does business in the State of Indiana.” (Notice of
Removal ¶ 6.)
The Defendant’s Notice of Removal, however, is inadequate as to the citizenship of
Penske Trucking Leasing Co., L.P., because, “a limited partnership has the citizenships of each
partner, general and limited.” Guar. Nat’l Title Co., Inc. v. J.E.G. Assoc., 101 F.3d 57, 59 (7th
Cir. 1996) (“There is no such thing as ‘a [state name] limited partnership’ for purposes of the
diversity jurisdiction. There are only partners, each of which has one or more citizenships.”); see
also Hart v. Terminex Int’l, 336 F.3d 541, 544 (7th Cir. 2003). Thus, a court “need[s] to know
the name and citizenship(s) of its general and limited partners.” Guar. Nat’l Title Co., Inc., 101
F.3d at 59; Meyerson v. Showboat Marina Casino P’ship, 312 F.3d 318, 320-21 (7th Cir. 2002).
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Moreover, “the citizenship of unincorporated associations must be traced through however many
layers of partners or members there may be.” Meyerson, 312 F.3d at 320; see also Indiana Gas
Co. v. Home Ins. Co., 141 F.3d 314, 316 (7th Cir. 1998) (“[B]oth general and limited
partnerships are citizens of every jurisdiction of which any partner is a citizen.”).
Therefore, Defendant is ORDERED to supplement the record by filing an Amended
Notice of Removal on or before January 6, 2012, properly alleging the citizenship of Penske
Truck Leasing Co., L.P., and tracing the citizenship of all unincorporated associations through
all applicable layers of ownership.
SO ORDERED.
Enter for this 28th day of December, 2011.
/S/ Roger B. Cosbey
Roger B. Cosbey,
United States Magistrate Judge
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