Filed: Jul. 13, 2012
Latest Update: Jul. 13, 2012
Summary: ORDER JAMES A. TEILBORG, District Judge. "Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691 , 693 (7 th Cir. 2003). In this case, the notice of removal fails to sufficiently plead jurisdiction. See 28 U.S.C. 1332; Hertz Corp. v. Friend, 130 S.Ct. 1181 , 1192; ___ U.S. ___ (2010); Carden v. Arkoma Associates, 494 U.S. 185 , 195-96 (1990). Specifically, Defendant clai
Summary: ORDER JAMES A. TEILBORG, District Judge. "Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691 , 693 (7 th Cir. 2003). In this case, the notice of removal fails to sufficiently plead jurisdiction. See 28 U.S.C. 1332; Hertz Corp. v. Friend, 130 S.Ct. 1181 , 1192; ___ U.S. ___ (2010); Carden v. Arkoma Associates, 494 U.S. 185 , 195-96 (1990). Specifically, Defendant claim..
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ORDER
JAMES A. TEILBORG, District Judge.
"Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir. 2003). In this case, the notice of removal fails to sufficiently plead jurisdiction. See 28 U.S.C. § 1332; Hertz Corp. v. Friend, 130 S.Ct. 1181, 1192; ___ U.S. ___ (2010); Carden v. Arkoma Associates, 494 U.S. 185, 195-96 (1990).
Specifically, Defendant claims it is a "foreign" corporation with it principal place of business in Wisconsin. However, the caption does not reflect that Defendant is a corporation.1 Further, even if Defendant is a corporation, it must allege its state of incorporation.
Accordingly,
IT IS ORDERED that by July 20, 2012, Defendant shall file an amended notice of removal properly alleging federal subject matter jurisdiction, or this case will be remanded for lack of federal subject matter jurisdiction.
FootNotes
1. "The citizenship of an unincorporated insurance association or unincorporated reciprocal of interinsurance exchange is determined not by the citizenship of its policyholders, but by the citizenship of its members." 1 Fed. Proc., L. Ed. § 1:173 (footnotes omitted).
