Filed: Jun. 08, 2015
Latest Update: Jun. 08, 2015
Summary: OPINION AND ORDER SUSAN COLLINS , Magistrate Judge . This case was removed to this Court from the Allen Superior Court by Defendant Dupont Place JM, LLC, based on diversity jurisdiction pursuant to 28 U.S.C. 1332(a). (DE 1). The Notice of Removal alleges that Plaintiff Bandido's, Inc., is an Indiana corporation with its principal place of business in Indiana, and that the "sole member of [Defendant Dupont Place JM, LLC] is The Jeffrey A. Lehmann and Monica S. Lehmann Revocable Trust date
Summary: OPINION AND ORDER SUSAN COLLINS , Magistrate Judge . This case was removed to this Court from the Allen Superior Court by Defendant Dupont Place JM, LLC, based on diversity jurisdiction pursuant to 28 U.S.C. 1332(a). (DE 1). The Notice of Removal alleges that Plaintiff Bandido's, Inc., is an Indiana corporation with its principal place of business in Indiana, and that the "sole member of [Defendant Dupont Place JM, LLC] is The Jeffrey A. Lehmann and Monica S. Lehmann Revocable Trust dated..
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OPINION AND ORDER
SUSAN COLLINS, Magistrate Judge.
This case was removed to this Court from the Allen Superior Court by Defendant Dupont Place JM, LLC, based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). (DE 1). The Notice of Removal alleges that Plaintiff Bandido's, Inc., is an Indiana corporation with its principal place of business in Indiana, and that the "sole member of [Defendant Dupont Place JM, LLC] is The Jeffrey A. Lehmann and Monica S. Lehmann Revocable Trust dated January 23, 2001, thus making it a citizen of California." (DE 1 at ¶¶ 4, 5).
The Notice of Removal, however, is inadequate with respect to Defendant. A trust's citizenship is determined by the citizenship of its trustee(s). Grede v. Bank of N.Y. Mellon, 598 F.3d 899, 901 (7th Cir. 2010); May Dep't Stores Co. v. Fed. Ins. Co., 305 F.3d 597, 599 (7th Cir. 2002). Yet the Notice of Removal fails to state the identity and citizenship of the trustee(s). As such, it is unclear on what basis Defendant asserts that it is a citizen of California.
Accordingly, Defendant is ORDERED to supplement the record by filing an amended notice of removal on or before June 22, 2015, properly alleging the citizenship of Defendant Dupont Place JM, LLC.1
SO ORDERED.
