Opinion
CV-22-01395-PHX-JAT
10-31-2022
Midtown Hotel Group LLC, Plaintiff, v. Selective Insurance Company of America, et al., Defendants.
ORDER
JAMES A. TEILBORG SENIOR UNITED STATES DISTRICT JUDGE
“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). Here, the notice of removal fails to fully allege federal subject matter jurisdiction. Specifically, it fails to allege a principal place of business for all corporate parties. See Hertz Corp. v. Friend, 559 U.S. 77, 80, 92-93 (2010) (discussing the citizenship of a corporation). The Court will require a first supplement regarding jurisdiction.
Additionally, all jurisdictional allegations for Plaintiffs are made on “information and belief.” While this is permissible at the removal stage in this circuit, the Court may require that jurisdiction be established after discovery. Carolina Cas. Ins. Co. v. Team Equip., Inc., 741 F.3d 1082, 1088 (9th Cir. 2014). Thus, assuming the first supplement regarding jurisdiction fully alleges federal subject matter jurisdiction, the Court will also require a second supplement regarding jurisdiction. During the time allotted, Defendants must take whatever discovery is necessary to prove jurisdiction rather than allege it on information and belief.
Accordingly, IT IS ORDERED that Defendants shall file a supplement to the notice of removal fully alleging subject matter jurisdiction by November 10, 2022, or this case will be remanded to state court.
IT IS FURTHER ORDERED that, if this case is not remanded, Defendants shall file a second supplement establishing federal subject matter jurisdiction by January 31, 2023.