Cass County Bank et al v. American Alternative Insurance Corp

Filing 9

MEMORANDUM ORDER: American Alternative Insurance Corp will be given one more opportunity to satisfy its burden of establishing diversity of citizenship. The deadline to file a second Amended Notice of Removal is 12/16/2011. Signed by Magistrate Judge Mark L Hornsby on 12/1/2011. (crt,Keifer, K)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

CASS COUNTY BANK, ET AL

CIVIL ACTION NO. 11-cv-1675

VERSUS

JUDGE STAGG

AMERICAN ALTERNATIVE INSURANCE
CORP.

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
American Alternative Insurance Corp. (“American”) removed this case based on an
assertion of diversity jurisdiction, so it bears the burden of presenting facts to establish
diversity. The court recently issued a Memorandum Order (Doc. 7) and directed American
to file an Amended Notice of Removal to remedy certain deficiencies with respect to the
allegations of (1) American’s citizenship and (2) Cass County Bank’s citizenship.
American filed the Amended Notice of Removal (Doc. 8) and provided specific
citizenship information about Cass County Bank. It continued to describe itself, however,
as a foreign corporation domiciled in Delaware. It is not clear what American suggests by
stating where it is domiciled. The information is not sufficient to establish “with specificity,”
as required by the prior order, (1) the state in which American is incorporated and (2) the
state where it has its principal place of business.
American will be given one more opportunity to satisfy its burden of establishing
diversity of citizenship before the court remands this case for lack of subject-matter
jurisdiction. The deadline to file a second Amended Notice of Removal is December 16,

2011. The document must include this sentence, with the blanks completed, “American
Alternative Insurance Corp. is a corporation that is incorporated in the state of
and has its principal place of business in the state of

.” The rule for

determining the principal place of business of a corporation can be found in Hertz Corp. v.
Friend, 130 S.Ct. 1181 (2010).
THUS DONE AND SIGNED in Shreveport, Louisiana, this 1st day of December,
2011.

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