ASD Specialty Healthcare, Inc. v. Integrated Community Oncology Network, LLC et al, No. 1:2014cv00976 - Document 6 (M.D. Ala. 2014)

Court Description: OPINION AND ORDER: It is therefore the ORDER, JUDGMENT, and DECREE of the court that the removing defendant has until October 21, 2014, 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. Signed by Honorable Judge Myron H. Thompson on 10/7/2014. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION ASD SPECIALTY HEALTHCARE, INC., d/b/a ONCOLOGY SUPPLY, ) ) ) ) Plaintiff, ) ) v. ) ) INTEGRATED COMMUNITY ) ONCOLOGY NETWORK, L.L.C., ) and THOMAS A. MARSLAND, ) M.D., ) ) Defendants. ) CIVIL ACTION NO. 1:14cv976-MHT (WO) OPINION AND ORDER The allegations insufficient to jurisdiction under of the notice invoke 28 this U.S.C. §§ citizenship) and 1441 (removal). of removal court's 1332 are removal (diversity of 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). allegations must show that the citizenship of The 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 a party that limited liability company : Integrated Oncology Network, L.L.C. [L]ike is a Community 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 must reflect the citizenship, or citizenships, of each and every entity based on the nature of that entity.) 2 *** It is therefore the ORDER, JUDGMENT, and DECREE of the court that the removing defendant has until October 21, 2014, to amend the notice of removal to allege jurisdiction otherwise sufficiently, this lawsuit see shall 28 be U.S.C. § 1653; remanded to state court. DONE, this the 7th day of October, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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