Paragon Tank Truck Equipment LLC v. Parish Truck Sales Inc

Filing 8

ORDER signed by Judge Lynn Adelman on 3/28/13 that the defendant file a statement within 10 days of the date of this order and show cause why this action should not be remanded to state court. (cc: all counsel)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

PARAGON TANK TRUCK
EQUIPMENT, LLC,
Plaintiff,
v.

Case No. 13-C-0061

PARISH TRUCK SALES, INC.,
Defendant.

ORDER
Defendant Parish Truck Sales, Inc., has filed a notice of removal of a civil action
from state court and asserts that federal jurisdiction exists under 28 U.S.C. § 1332
because the parties are diverse and the amount in controversy exceeds $75,000.
However, the notice of removal does not comply with Civil Local Rule 8, which provides as
follows:
If a pleading or notice of removal asserts jurisdiction based on diversity of
citizenship, the pleading or notice must identify the amount in controversy
and the citizenship of each party to the litigation. If any party is a corporation,
the pleading or notice must identify both the state of incorporation and the
state in which the corporation has its principal place of business. If any party
is an unincorporated association, limited liability company, or partnership, the
pleading or notice must identify the citizenship of all members.
The plaintiff, Paragon Tank Truck Equipment, LLC, is a limited liability company, yet the
notice of removal does not identify the citizenship of its members.

Moreover, the

defendant, Parish Truck Sales, Inc., is a corporation, yet the notice of removal does not
identify its state of incorporation.

Accordingly, IT IS ORDERED that the defendant file a statement within 10 days of
the date of this order and show cause why this action should not be remanded to state
court.
Dated at Milwaukee, Wisconsin, this 28th of March, 2013.
s/ Lynn Adelman
_______________________________
LYNN ADELMAN
District Judge

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