Mitchell v. Eaton Corporation

Full title: NATHANIEL MITCHELL, Plaintiff, v. EATON CORPORATION, Defendant

Court: United States District Court, N.D. Indiana, Fort Wayne Division

Date published: Aug 23, 2007

CAUSE NO. 1:07-CV-221 (N.D. Ind. Aug. 23, 2007)

Opinion

CAUSE NO. 1:07-CV-221.

August 23, 2007

OPINION AND ORDER

ROGER COSBEY, Magistrate Judge

This case was removed to this Court from the Superior Court of DeKalb County, Indiana, by Defendant "on grounds of federal question and diversity citizenship jurisdiction pursuant to 28 U.S.C. §§ 1332 and 1441." (Docket # 2.) The Notice of Removal alleges that Plaintiff is a citizen of Fort Wayne, Indiana, and that Defendant is an Ohio corporation.

However, to the extent Defendant is alleging this Court has jurisdiction under diversity, its Notice of Removal is inadequate. Corporations "are deemed to be citizens of the state in which they are incorporated and of the state in which they have their principal place of business." N. Trust Co. v. Bunge Corp., 899 F.2d 591, 594 (7th Cir. 1990) (emphasis added); see 28 U.S.C. § 1332(c)(1). Thus, the Court must be apprised of both facts with respect to Defendant.

Therefore, Defendant is ORDERED to file by September 7, 2007, a supplemental notice of removal that recites the principal place of business of Defendant. SO ORDERED.