GEDID v. HUNTINGTON NATIONAL BANK et al

Filing 20

ORDER re 2 Motion to Remand filed by MITCHELL P. GEDID, 10 Motion to Strike filed by MITCHELL P. GEDID. As set forth in greater detail in the attached Memorandum Order, Defendant HUNTINGTON NATIONAL BANK is ordered to file supplemental evidence of citizenship by 9/2/2011. Signed by Judge Cathy Bissoon on 8/30/2011. (rtt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MITCHELL P. GEDID,
Plaintiff,
v.
HUNTINGTON NATIONAL BANK, et al.,
Defendants.

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Civil Action No. 11-1000
Judge Nora Barry Fischer
Magistrate Judge Cathy Bissoon

MEMORANDUM ORDER
Pending before the Court are Plaintiff Mitchell P. Gedid’s Motion to Remand (Doc. 2)
and Motion to Strike Amended Notice of Removal (Doc. 10). In opposition to Plaintiff’s
motions, Defendants assert that this Court has jurisdiction on the basis of diversity of citizenship
under 28 U.S.C. § 1332(a)(1).
Defendant Huntington National Bank, however, has not provided sufficient information
for the Court to determine Huntington National Bank’s state of citizenship. Huntington National
Bank is a national banking association. Decl. of Bryan Carson ¶ 4 (Doc. 7-22). A national
banking association is a citizen of the state in which it is “located.” 28 U.S.C. § 1348. A
national bank is “located” in the state designated in its articles of association as its main office.
Wachovia Bank, N.A. v. Schmidt, 546 U.S. 303, 318 (2006). This is not necessarily the bank’s
principal place of business. See Mfrs. & Traders Trust Co. v. HSBC Bank USA, N.A., 564 F.
Supp. 2d 261, 265 (S.D.N.Y. 2008). Huntington National Bank has provided evidence
establishing its principal place of business in Ohio, but has not provided evidence regarding the
state designated in its articles of association as its main office. See Decl. of Bryan Carson ¶ 4
(Doc. 7-22).

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Accordingly, the Court hereby ORDERS that Defendant Huntington National Bank, by
September 2, 2011, file supplemental evidence from which the Court can ascertain Huntington
National Bank’s state of citizenship.
IT IS SO ORDERED.
s/ Cathy Bissoon
Cathy Bissoon
U.S. Magistrate Judge
August 30, 2011
cc (via e-mail):
All counsel of record.

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