Cadlerock III, L.L.C. v. Sud Ashland LLC, et al

Filing 8

ORDER granting 4 Motion to Remand by plaintiff Cadlerock III, LLC. This case is remanded to the Circuit Court for Ashland County. Signed by District Judge James D. Peterson on 2/19/2016. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

CADLEROCK III, LLC,
Plaintiff,
v.

ORDER

SUD ASHLAND LLC,
GIAN C. SUD, and NANCY A. SUD,

16-cv-78-jdp

Defendants.
Pursuant to the court’s February 5, 2016, order, Dkt. 2, defendants filed an amended
notice of removal that alleges all parties’ citizenship(s) for purposes of establishing diversity
jurisdiction under 28 U.S.C. § 1332. Dkt. 3. The amended notice of removal now makes it
abundantly clear that defendants are Wisconsin citizens. Id. ¶¶ 14-18. In response, plaintiff
has moved to remand the case to the Circuit Court for Ashland County, pursuant to the
forum defendant rule. Dkt. 4. The forum defendant rule requires remand.1
Under 28 U.S.C. § 1441(b)(2), “[a] civil action otherwise removable solely on the
basis of the jurisdiction under section 1332(a) of this title may not be removed if any of the
parties in interest properly joined and served as defendants is a citizen of the State in which
such action is brought.” Defendants’ amended notice of removal shows that defendant Sud
Ashland LLC is a citizen of Wisconsin and Illinois; its sole member, a limited partnership, is
a citizen of Wisconsin and Illinois because its general and limited partners are all domiciled
in either Wisconsin or Illinois. Dkt. 3, ¶¶ 14-16. “[T]he citizenship of an LLC is the
1

Plaintiff has also filed an objection to defendants’ amended notice of removal, Dkt. 5,
contending that defendants’ “upon information and belief” allegations are insufficient to
establish plaintiff’s citizenship. The court is not sympathetic to plaintiff’s objection, but
because the court will remand this case pursuant to 28 U.S.C. § 1441(b)(2), the issue moot.

citizenship of each of its members,” Camico Mut. Ins. Co. v. Citizens Bank, 474 F.3d 989, 992
(7th Cir. 2007); the citizenship of a limited partnership is the citizenship of its general and
limited partners, Guar. Nat. Title Co. v. J.E.G. Assocs., 101 F.3d 57, 59 (7th Cir. 1996); and an
individual’s domicile determines his or her citizenship, id. Individual defendants Gian C. Sud
and Nancy A. Sud are also domiciled in—and therefore citizens of—Wisconsin. Dkt. 3,
¶¶ 17-18. Plaintiff initially filed this case in Wisconsin state court. The forum defendant rule
precludes defendants from removing this action.

ORDER
IT IS ORDERED that:
1. Plaintiff Cadlerock III, LLC’s motion to remand, Dkt. 4, is GRANTED.
2. Plaintiff’s objection to defendants’ amended notice of removal, Dkt. 5, is DENIED
as moot.
3. This case is remanded to the Wisconsin Circuit Court for Ashland County. The
clerk is directed to return the record to the state court and to mail a certified copy
of this order to the clerk of the state court.
Entered February 19, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

2