-TFM Brown et al v. Ocwen Loan Servicing, LLC, No. 2:2011cv00279 - Document 7 (M.D. Ala. 2011)

Court Description: OPINION AND ORDER that the removing party has until May 6, 2011, to amend the notice of removal to allege jurisdiction sufficiently, 28 U.S.C. § 1653; otherwise this lawsuit shall be remanded to state court. Signed by Honorable Myron H. Thompson on 4/21/2011. (br, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION JOSEPH D. BROWN, JR. and NADINE BROWN, ) ) ) Plaintiffs, ) ) v. ) ) OCWEN LOAN SERVICING, LLC, ) ) Defendant. ) CIVIL ACTION NO. 2:11cv279-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) and 1441 (removal). To invoke removal jurisdiction based on diversity, the notice of removal must distinctly and affirmatively allege each party's citizenship. 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. 28 U.S.C. § 1332; see also 2 James Wm. Moore, et al., Moore's Federal Practice ¶ 8.03[5][b] at 8-10 (3d ed. 1998). The notice of removal fails to meet this standard. The notice gives the "residence" "citizenship" of the plaintiffs. rather than the An allegation that a party is a "resident" of a State is not sufficient to establish that a party is a "citizen" of that State. Delome v. Union Barge Line Co., 444 F.2d 225, 233 (5th Cir.), cert. denied, 404 U.S. 995 (1971). It is therefore the ORDER, JUDGMENT, and DECREE of the court that the removing party has until May 6, 2011, to amend the notice of removal to allege jurisdiction sufficiently, 28 U.S.C. § 1653; otherwise this lawsuit shall be remanded to state court. DONE, this the 21st day of April, 2011. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE