Opinion
No. CV 12-1453-PHX-JAT
08-10-2012
Ryan Meinerz, Plaintiff, v. Border Collie Rescue, Inc.; Chiulista Services, Inc., Defendants.
ORDER
"Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir. 2003). In this case, the notice of removal fails to sufficiently plead jurisdiction. See 28 U.S.C. § 1332; Hertz Corp. v. Friend, 130 S. Ct. 1181, 1192; - - - U.S. - - - (2010) (discussing the citizenship of corporations).
Accordingly,
IT IS ORDERED that by August 24, 2012, Defendant Chiulista Services, Inc. (as the party asserting jurisdiction and therefore, with the burden of pleading jurisdiction, see Lew v. Moss, 797 F.2d 747, 749 (9th Cir. 1986)) shall file a supplement to the notice of removal properly alleging federal subject matter jurisdiction, or this case will be remanded for lack of federal subject matter jurisdiction.
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James A. Teilborg
United States District Judge