Luster v. Allstate Insurance Company, No. 2:2007cv00226 - Document 4 (N.D. Ind. 2007)
Court Description: OPINION AND ORDER re 2 NOTICE OF REMOVAL by Allstate Insurance Company. Defendant has 20 days from date of this Order w/in which to file an Amended Notice of Removal alleging the existence of diversity jurisdiction under 28:1332. Signed by Judge Robert L Miller Jr on 7/16/07. (cer)
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Luster v. Allstate Insurance Company Doc. 4 case 2:07-cv-00226-RLM-PRC document 4 filed 07/16/2007 page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION ESTATE OF WAVIE LUSTER, By and Through it Personal Representative, RICK GIKAS Plaintiff vs. ALLSTATE INSURANCE COMPANY Defendant ) ) ) ) ) ) ) ) ) ) ) CAUSE NO. 2:07-CV-226 RM OPINION AND ORDER The court has the obligation to inquire into its own subject matter jurisdiction. See Tylka v. Gerber Prods. Co., 211 F.3d 445, 447-448 (7th Cir. 2000). The defendant removes this case on diversity grounds, but its notice of removal doesn t sufficiently allege complete diversity of citizenship. The notice alleges that Plaintiff, Luster, is an Estate pending in the Lake Circuit Court under Cause Number 45C01-0605-ES-155 with its lawsuit being brought by Personal Representative, Rick Gikas, residing in Indiana. This doesn t suffice. Residency is not the same under the law as citizenship, see Simon v. Allstate Employee Group Medical Plan, 263 F.3d 656, 658 n. 1 (7th Cir. 2001) (citations omitted) ("An allegation of residency, however, is insufficient to establish diversity jurisdiction."), and the legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent . . . . 28 U.S.C. § 1332 (c)(2). Dockets.Justia.com case 2:07-cv-00226-RLM-PRC document 4 filed 07/16/2007 page 2 of 2 While the notice of removal sets forth the basis of removal, it doesn t incorporate evidence as to citizenship, so the court affords the defendant twenty days from the date of this order within which to file an amended notice of removal alleging the existence of diversity jurisdiction under 28 U.S.C. § 1332. See 28 U.S.C. § 1653; Tylka v. Gerber Products Co., 211 F.3d at 448. SO ORDERED. ENTERED: July 16, 2007 /s/ Robert L. Miller, Jr. Chief Judge United States District Court 2
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