Newhouse v. Walmart et al

Filing 4

OPINION AND ORDER re 1 NOTICE OF REMOVAL filed by Defendants Wal-Mart Stores East LP, Wal-Mart Stores Inc, Walmart, Wal-Mart Stores East Inc. Defendants ORDERED to supplement the record by filing by 6/15/2015 an Amended Notice of Removal reciting Defendant Walmart's organizational status and stating its citizenship through all applicable layers of ownership. Signed by Magistrate Judge Susan L Collins on 6/1/15. (cer)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
HEATHER NEWHOUSE,
Plaintiff,
v.
WALMART, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

CAUSE NO. 1:15-CV-134-JTM-SLC

OPINION AND ORDER
Defendants removed this case here on May 29, 2015, from Allen Superior Court, alleging
that the Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332. (DE 1). The Notice of
Removal properly alleges the citizenship of Plaintiff Heather Newhouse and Defendants WalMart Stores East, LP, Wal-Mart Stores East, Inc., and Wal-Mart Stores, Inc.
The Notice of Removal, however, is silent as to the organizational form and citizenship
of the fourth Defendant, “Walmart.” Of course, as the party seeking to invoke federal diversity
jurisdiction, Defendants bear the burden of demonstrating that the requirement of complete
diversity has been met. Chase v. Shop ‘N Save Warehouse Foods, Inc., 110 F.3d 424, 427 (7th
Cir. 1997).
Therefore, Defendants are ORDERED to supplement the record on or before June 15,
2015, by filing an Amended Notice of Removal reciting Defendant Walmart’s organizational
status and stating its citizenship through all applicable layers of ownership.
SO ORDERED. Enter for this 1st day of June, 2015.
s/ Susan Collins
Susan Collins
United States Magistrate Judge