Luv N Care Ltd v. Angel Juvenile Products

Filing 15

ORDER re 1 Notice of Removal filed by Angel Juvenile Products. The Notice of Removal does not affirmatively allege plaintiff's principal place of business. Accordingly, within the next seven days from the date of this order, defendant is granted leave of court to file an amended notice of removal which establishes diversity jurisdiction. If defendant fails to so comply, or if subject matter jurisdiction is found to be lacking, then the matter will be remanded to state court. Signed by Magistrate Judge Karen L Hayes on 11/18/11. (crt,Yocum, M)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
LUV N’ CARE, LTD

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CIVIL ACTION NO. 11-1878

VERSUS

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JUDGE ROBERT G. JAMES

ANGEL JUVENILE PRODUCTS, ET
AL.

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MAG. JUDGE KAREN L. HAYES

ORDER
Defendant removed this matter to federal court on the basis of diversity jurisdiction. 28
U.S.C. § 1332. When jurisdiction depends on citizenship, “citizenship must be ‘distinctly and
affirmatively alleged.’” Getty Oil, Div. Of Texaco v. Ins. Co. of North America, 841 F.2d 1254,
1259 (5th Cir. 1988) (citation omitted) (emphasis in citing source). This rule requires “strict
adherence.” Id.
In diversity cases involving corporations, “allegations of citizenship must set forth the
state of incorporation as well as the principal place of business of each corporation.” Getty Oil,
supra. For example, simply alleging that a corporation is a “foreign insurer” without specifying
its principal place of business is insufficient for jurisdictional purposes. See, Getty, supra; see
also, Illinois Cent. Gulf R. Co. v. Pargas, Inc., 706 F.2d 633, 636 & n2 (5th Cir.1983) (the basis
upon which jurisdiction depends must be alleged affirmatively and distinctly and cannot be
established argumentatively or by mere inference).
Here, the notice of removal does not affirmatively allege plaintiff’s principal place of
business. See Notice of Removal, ¶ 10. Accordingly, within the next seven days from the date of

this order, defendant is granted leave of court to file an amended notice of removal which
establishes diversity jurisdiction. See 28 U.S.C. §1653. If defendant fails to so comply, or if
subject matter jurisdiction is found to be lacking, then the matter will be remanded to state court.
THUS DONE AND SIGNED in chambers, at Monroe, Louisiana, this 18th day of
November 2011.

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