SunSouth Bank v. NashYork, LLC et al, No. 1:2012cv00918 - Document 26 (M.D. Ala. 2012)

Court Description: OPINION AND ORDER; ORDER, JUDGMENT, and DECREE of the court that the dfts have until 1/4/2013, to amend the notice of removal to allege jurisdiction sufficiently, see 28 USC § 1653; otherwise this lawsuit. Signed by Honorable Judge Myron H. Thompson on 12/17/2012. (wcl, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION SUNSOUTH BANK, ) ) ) ) ) ) ) ) ) Plaintiff, v. NASHYORK, LLC; et al., Defendants. CIVIL ACTION NO. 1:12cv918-MHT (WO) OPINION AND ORDER The allegations of the notice of removal are insufficient to invoke this court's removal jurisdiction under 28 U.S.C. §§ 1332 (diversity of citizenship) 1441 (removal). To invoke removal jurisdiction based on diversity, the notice of removal must distinctly and affirmatively allege each party's citizenship. See McGovern v. American Airlines, Inc., 511 F. 2d 653, 654 (5th Cir. 1975) (per curiam). The allegations must show that the citizenship of each plaintiff is different from that of each defendant. See 28 U.S.C. § 1332; see also 2 James Wm. Moore, et al., Moore's Federal Practice § 8.03[5][b] at 8-16 (3d ed. 2006). The removal notice is insufficient because it does not indicate the citizenship of corporate plaintiff SunSouth Bank. The notice must allege the citizenship of both the State of incorporation and where the corporation has its See 28 U.S.C. § 1332(c)(2); principal place of business. American Motorists Ins. Co. v. American Employers' Ins. Co., 600 F.2d 15, 16 and n.1 (5th Cir. 1979) (per curiam). The removal notice is insufficient because it does not indicate the citizenship of a party that is a limited liability company : defendant NashYork, LLC. [L]ike a limited partnership, a limited liability company is a citizen of any state of which a member of the company is a citizen. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). The notice must therefore allege the citizenships of all the members of the limited liability company. Id. (And if the entity consists of several entities, the complaint 2 must reflect the citizenship, or citizenships, of each and every entity based on the nature of that entity.) *** It is therefore the ORDER, JUDGMENT, and DECREE of the court that the defendants have until January 4, 2013, to amend the notice of removal to allege jurisdiction sufficiently, see 28 U.S.C. § 1653; otherwise this lawsuit shall be remanded to state court. DONE, this the 17th day of December, 2012. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE