Filed: May 06, 2019
Latest Update: May 06, 2019
Summary: OPINION AND ORDER SUSAN COLLINS , Magistrate Judge . Before the Court is a Notice of Removal filed by Defendant Moran Foods LLC, doing business as Save A Lot Ltd., alleging that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332. (DE 1). As the party seeking to invoke federal diversity jurisdiction, Defendant bears the burden of demonstrating that the requirement of complete diversity has been met. Chase v. Shop'n Save Warehouse Foods, Inc., 110 F.3d 424 , 427 (7th Cir. 1
Summary: OPINION AND ORDER SUSAN COLLINS , Magistrate Judge . Before the Court is a Notice of Removal filed by Defendant Moran Foods LLC, doing business as Save A Lot Ltd., alleging that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332. (DE 1). As the party seeking to invoke federal diversity jurisdiction, Defendant bears the burden of demonstrating that the requirement of complete diversity has been met. Chase v. Shop'n Save Warehouse Foods, Inc., 110 F.3d 424 , 427 (7th Cir. 19..
More
OPINION AND ORDER
SUSAN COLLINS, Magistrate Judge.
Before the Court is a Notice of Removal filed by Defendant Moran Foods LLC, doing business as Save A Lot Ltd., alleging that the Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332. (DE 1). As the party seeking to invoke federal diversity jurisdiction, Defendant bears the burden of demonstrating that the requirement of complete diversity has been met. Chase v. Shop'n Save Warehouse Foods, Inc., 110 F.3d 424, 427 (7th Cir. 1997).
In the Notice of Removal, Defendant alleges that "Defendant Moran Foods is a limited liability company organized and existing under the laws of Missouri with its principal place of business and member located in Missouri." (DE 1 ¶ 5). Defendant's diversity allegations, however, are inadequate.
"[I]n the case of a firm that is not a corporation, its citizenship is the citizenship of its owners, partners, or other principals." Meyerson v. Harrah's E. Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002). "[C]itizenship of unincorporated associations must be traced through however many layers of partners or members there may be." Id. (citations omitted). Accordingly, the Court must be informed of the name and citizenship of all of the members of Moran Foods LLC, tracing such citizenship through all applicable layers of ownership to ensure that none of the members share a common citizenship with Plaintiff.1 Hicklin Eng'g, L.C. v. Bartell, 439 F.3d 346, 347 (7th Cir. 2006).
Therefore, Defendant is afforded to and including May 17, 2019, to file an amended notice of removal that properly alleges federal subject matter jurisdiction on the basis of diversity of citizenship.
SO ORDERED.
