Sauber v. Evans Delivery Company, Inc. et al

Filing 6

Order: Defendant Evans Delivery Company, Inc. to file an affidavit of jurisdiction within 14 days of this Order. Judge Jeffrey J. Helmick on 9/15/22. (M,SM)

Case: 3:22-cv-01590-JJH Doc #: 6 Filed: 09/15/22 1 of 2. PageID #: 37

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Ethel Sauber, et al.,

Case No. 3:22-cv-1590
Plaintiffs,

v.

ORDER

Evans Delivery Company, Inc., et al.,
Defendants.
On September 8, 2022, Defendants removed this action from the Hardin County, Ohio
Court of Common Pleas, asserting this court had original diversity jurisdiction over this matter.
(Doc. No. 1 at 2).
For a district court to have original diversity jurisdiction over a case, complete diversity must
exist between the parties to the dispute. 28 U.S.C. § 1332(a). To satisfy the diversity jurisdiction
requirements, the dispute must be between citizens of different states. 28 U.S.C. § 1332(a)(1). For
purposes of diversity jurisdiction, “a corporation shall be deemed to be a citizen of every State and
foreign state by which it has been incorporated and of the State or foreign state where it has its
principal place of business.” 28 U.S.C. § 1332(c)(1).
The notice of removal states, “Defendants [sic] Evans Delivery Company, Inc. is a citizen of
Pennsylvania because it was organized and registered in Pennsylvania.” (Doc. No. 1 at 2). But even
if I assume “organized and registered” means “incorporated,” this jurisdictional allegation is
insufficient because it fails to state the principal place of business of Defendant Evans Delivery

Case: 3:22-cv-01590-JJH Doc #: 6 Filed: 09/15/22 2 of 2. PageID #: 38

Company, Inc. Without this requisite information, I cannot conclude I have subject matter
jurisdiction over this matter.
Therefore, to maintain this action in federal court, Defendant Evans Delivery Company, Inc.
shall supplement the notice of removal with an affidavit of jurisdiction providing “every State and
foreign state by which it has been incorporated and of the State or foreign state where it has its
principal place of business.” 28 U.S.C. § 1332(c)(1). See also 28 U.S.C. § 1447(c) (“If at any time
before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall
be remanded.”). The affidavit shall be filed within 14 days of this Order.

So Ordered.
s/ Jeffrey J. Helmick
United States District Judge