Commerce Capital v. Privatebank

Full title: COMMERCE CAPITAL, L.P., Plaintiff, v. THE PRIVATEBANK, Defendant

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Apr 12, 2005

Civil Action No. 3:05-CV-0700-G (N.D. Tex. Apr. 12, 2005)

Opinion

Civil Action No. 3:05-CV-0700-G.

April 12, 2005

OPINION AND ORDER

A. JOE FISH, Chief Judge, District

This case was removed to this court on the basis of diversity of citizenship. Notice of Removal ¶¶ 3, 4. The defendant is a citizen of Missouri. Id. ¶ 3. The plaintiff is a limited partnership organized under the laws of Tennessee. Id. The citizenship of a limited partnership is determined, however, not by the state of its organization but by the citizenship of its members. Carden v. Arkoma Associates, 494 U.S. 185, 195-97 (1990).

The court has the responsibility to determine, sua sponte if necessary, whether it has subject matter jurisdiction. The defendant, as the party invoking federal jurisdiction, has the burden of proof on this issue. Accordingly, within ten days of this date, the defendant shall file an amended notice of removal setting forth the names and citizenship of all the partners in the plaintiff limited partnership.

Failure to timely file such an amended notice of removal will result in remand of this case to the state court from which it was previously removed.

SO ORDERED.