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ASD Specialty Healthcare, Inc. v. Integrated Community Oncology Network, LLC

United States District Court, Middle District of Alabama, Southern Division

October 7, 2014

ASD SPECIALTY HEALTHCARE, INC., d/b/a ONCOLOGY SUPPLY, Plaintiff,
v.
INTEGRATED COMMUNITY ONCOLOGY NETWORK, L.L.C., and THOMAS A. MARSLAND, M.D., Defendants.

OPINION AND ORDER

Myron H. Thompson UNITED STATES DISTRICT JUDGE

The allegations of the notice of removal are insufficient to invoke this court's removal jurisdiction under 28 U.S.C. §§ 1332 (diversity of citizenship) and 1441 (removal). To invoke removal jurisdiction based on diversity, the notice of removal must distinctly and affirmatively allege each party's citizenship. See McGovern v. American Airlines, Inc., 511 F.2d 653, 654 (5th Cir. 1975) (per curiam). The allegations must show that the citizenship of each plaintiff is different from that of each defendant. See 28 U.S.C. § 1332; see also 2 James Wm. Moore, et al., Moore's Federal Practice § 8.03[5][b] at 8-16 (3d ed. 2006).

The removal notice is insufficient because it does not indicate the citizenship of a party that is a ‘limited liability company’: Integrated Community Oncology Network, L.L.C.“[L]ike a limited partnership, a limited liability company is a citizen of any state of which a member of the company is a citizen.” Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). The notice must therefore allege “the citizenships of all the members of the limited liability company.” Id. (And if the entity consists of several entities, the complaint must reflect the citizenship, or citizenships, of each and every entity based on the nature of that entity.)

It is therefore the ORDER, JUDGMENT, and DECREE of the court that the removing defendant has until October 21, 2014, to amend the notice of removal to allege jurisdiction sufficiently, see 28 U.S.C.§ 1653; otherwise this lawsuit shall be remanded to state court.


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