STOVER v. ENVIRONMENTAL RESTORATION, LLC

Filing 14

ENTRY ON MOTION TO REMAND: Because this is the only ground raised by Mr.Stover for remand and it has been cured, Mr. Stover's motion (Dkt. 8) is DENIED ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge Tanya Walton Pratt on 5/2/2014. (DW)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ROBERT STOVER,
Plaintiff,
v.
ENVIRONMENTAL RESTORATION, LLC,
Defendant.

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) Case No. 1:14-cv-00407-TWP-TAB
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ENTRY ON MOTION TO REMAND
This matter is before the Court on Plaintiff Robert Stover’s (“Mr. Stover”) Motion To
Remand (Dkt. 8), alleging lack of jurisdiction. Defendant Environmental Restoration, LLC
(“ER”) removed this action from state court on the basis of diversity jurisdiction. In its Notice of
Removal (Dkt. 1) it incorrectly stated that, “Defendant is a citizen of the State of Missouri in that
it is a Missouri corporation, with its principal place of business in Missouri.” Dkt. 1 at 2.
However, ER is a limited liability company, an “LLC”, and for diversity purposes, the
citizenship of an LLC is the citizenship of each of its members. Thomas v. Guardsmark, LLC,
487 F.3d 531, 534 (7th Cir. 2007). “Consequently, an LLC’s jurisdictional statement must
identify the citizenship of each of its members as of the date the complaint or notice of removal
was filed, and, if those members have members, the citizenship of those members as well.” Id.
Mr. Stover’s motion is well-grounded; ER’s Notice of Removal is deficient. However, it
has since filed an Amended Notice of Removal (Dkt. 12) that correctly identifies itself as an
LLC and names the members of ER and lists the members’ citizenships. The Court accepts the
Amended Notice of Removal as curing the original defect raised by Mr. Stover, as it establishes
complete diversity between the parties. Therefore, the Court does have jurisdiction over this

action based on diversity. See 28 U.S.C. 1332(a). Because this is the only ground raised by Mr.
Stover for remand and it has been cured, Mr. Stover’s motion (Dkt. 8) is DENIED.

SO ORDERED.
05/02/2014
Date: _____________

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

DISTRIBUTION:
Bryan J. Dillon
FORE MILLER & SCHWARTZ
[e-mail]
Melissa K. Fuller
JACKSON LEWIS P.C.
[e-mail]
Craig W. Wiley
JACKSON LEWIS PC
[e-mail]

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