Linebarger-Gravemann v. Diversidied Maintenance Systems, Inc., 16-0423-DRH. (2016)
Court: District Court, S.D. Illinois
Number: infdco20160426a87
Visitors: 18
Filed: Apr. 25, 2016
Latest Update: Apr. 25, 2016
Summary: MEMORANDUM and ORDER DAVID R. HERNDON , District Judge . On April 14, 2016, defendant removed the case from the Madison County, Illinois Circuit Court to this Court based on diversity jurisdiction, 28 U.S.C. 1332 (Doc. 1). However, a review of the notice of removal states that plaintiff is a resident of Illinois and the complaint does not address plaintiff's citizenship. "[R]esidence and citizenship are not synonyms and it is the latter that matters for purposes of the diversity jurisdic
Summary: MEMORANDUM and ORDER DAVID R. HERNDON , District Judge . On April 14, 2016, defendant removed the case from the Madison County, Illinois Circuit Court to this Court based on diversity jurisdiction, 28 U.S.C. 1332 (Doc. 1). However, a review of the notice of removal states that plaintiff is a resident of Illinois and the complaint does not address plaintiff's citizenship. "[R]esidence and citizenship are not synonyms and it is the latter that matters for purposes of the diversity jurisdict..
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MEMORANDUM and ORDER
DAVID R. HERNDON, District Judge.
On April 14, 2016, defendant removed the case from the Madison County, Illinois Circuit Court to this Court based on diversity jurisdiction, 28 U.S.C. § 1332 (Doc. 1). However, a review of the notice of removal states that plaintiff is a resident of Illinois and the complaint does not address plaintiff's citizenship. "[R]esidence and citizenship are not synonyms and it is the latter that matters for purposes of the diversity jurisdiction." Meyerson v. Harrah's E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). See also Tylka v. Gerber Prods. Co., 211 F.3d 445, 448 (7th Cir. 2000) ("[A]llegations of residence are insufficient to establish diversity jurisdiction."); Held v. Held, 137 F.3d 998, 1000 (7th Cir. 1998) (same). Thus, the Court DIRECTS defendants to file an amended notice of removal on or before May 25, 2016 or the Court will remand this matter to the Madison County, Illinois Circuit Court.
IT IS SO ORDERED.
Source: Leagle
