RBC Manufacturing Corporation v. Power Right Industries, LLC et al

Filing 9

ORDER remanding case to Marathon County Circuit Court for lack of subject matter jurisdiction. Signed by District Judge Barbara B. Crabb on 3/25/13. (krj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RBC MANUFACTURING CORPORATION,
ORDER
Plaintiff,
13-cv-133-bbc
v.
POWER RIGHT INDUSTRIES, LLC
and LLOYD’S EQUIPMENT CO., INC.,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Defendant Lloyd’s Equipment removed this case for breach of contract to federal
court under 28 U.S.C. §§ 1441 and 1446, with the consent of defendant Power Right
Industries. Dkt. #1. Lloyd’s relies on 28 U.S.C. § 1332 as a basis for jurisdiction, which
requires a showing that plaintiff and defendants are citizens of different states and that the
amount in controversy is more than $75,000.
In an order dated March 6, 2013, dkt. #6, I directed defendant Lloyd’s to show cause
why the case should not be remanded for lack of jurisdiction because the notice of removal
did not show that the plaintiff and defendants have diverse citizenship. Although the
deadline was March 20, 2013, defendant has not responded to the order, which means it has
failed to meet its burden to show that jurisdiction is present. Accordingly, I am remanding
the case to state court.

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ORDER
IT IS ORDERED that this case is REMANDED to the Circuit Court for Marathon
County for lack of subject matter jurisdiction.
Entered this 25th day of March, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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