Saginaw Office Services, Inc. v. Bank of America, N.A.

Filing 6

ORDER dismissing 10/6/09 Order to Show Cause 2 . Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SAGINAW OFFICE SERVICES, INC., d/b/a SOS EXPRESS, Plaintiff, vs. BANK OF AMERICA, N.A., a National Bank, Defendant. _____________________________/ ORDER DISMISSING OCTOBER 6, 2009 SHOW CAUSE ORDER (# 2) Defendant Bank of America ("BOA") was ordered on October 6, 2009 to show cause by October 20, 2009 why this matter should not be remanded for lack of federal diversity jurisdiction under 28 U.S.C. § 1332 in the absence of allegations sufficient to support a finding of complete diversity, 28 U.S.C. § 1332 ; Owen Equipment and Erection Co. v. Kroger, 437 U.S. 365, 373 (1978), that is, the principal place of business of plaintiff Saginaw Office Services, Inc., a Michigan corporation. BOA, as a national bank, is deemed to be a citizen of the state of its principal place of business, North Carolina. 28 U.S.C. § 1348. On October 9, 2009, BOA filed an "Amended Notice of Removal" alleging Saginaw Office Services, Inc.'s principal place of business is Saginaw, Michigan. BOA has thus timely demonstrated the existence of complete diversity. Accordingly, The court's October 6, 2009 Order requiring defendant BOA to show cause is hereby DISMISSED. SO ORDERED. Dated: October 14, 2009 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE Case No. 09-CV-13889 HON. GEORGE CARAM STEEH

CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on October 14, 2009, by electronic and/or ordinary mail. s/Marcia Beauchemin Deputy Clerk

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