ROOFING AND RECONSTRUCTION CONTRACTORS OF AMERICA, LLC. A/A/O SHELDON JOHNSON
v.
FEDERAL INSURANCE COMPANY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the defendant's removal of the case was timely and proper, denying the plaintiff's motion to remand.
Plaintiff filed an insurance dispute in state court; Defendant removed the case to federal court asserting diversity jurisdiction. Plaintiff argued th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse 28 U.S.C. § 1446(B)(1) cases and more on FLexlaw
Generally, any civil action brought in a State court of which the federal district court has “original jurisdiction” may be removed by defendants to federal court. 28 U.S.C. § 1441(a). The “original jurisdiction” of a federal district court includes diversity jurisdiction. 28 U.S.C. § 1332(a). A limited liability company (“LLC”)—like Plaintiff—is a citizen of every state in which one of its members is domiciled. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F. 3d 1020 (11th Cir. 2004). Each member of the LLC must be diverse from the opposing party. Flintlock Constr. Servs., LLC v. Well-Come
Holdings, LLC, 710 F. 3d 1221, 1224-25 (11th Cir. 2013). That is why Federal Insurance asked about the state citizenship of Plaintiff’s members. If the state case is removable on the face of the initial pleading, a defendant has 30 days from service of the complaint and process in which to file a notice of removal. 28 U.S.C. § 1446(b)(1). But because Federal Insurance did not know about the citizenship of the LLC’s members, the case was not removable on its face. That it knew the amount in controversy exceeded $75,000 does not matter if Federal did not know if there was diversity of citizenship. It discovered the case was removable on February 4, 2021, and requested removal shortly thereafter. Under 28 U.S.C. § 1446(b)(3), “if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable.” A case may not be removed under § 1446(b)(3) based on diversity jurisdiction more than 1 year after the commencement of the action. 28 U.S.C. § 1446(c)(1). Federal properly removed this action. It filed its notice of removal on February 11, 2021, less than 30 days after it determined the case was removable on February 4, 2021 and within one year of the action’s commencement on February 20, 2020. Accordingly, it is now ORDERED: Plaintiffs MOTION to Remand to State Court (Doc. 13) is DENIED. DONE and ORDERED in Fort Myers, Florida on March 22, 2021.
, Lh platrathe 7
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020 (11th Cir. 2004)
- Flintlock Constr. Servs., LLC v. Well-Come Holdings, LLC, 710 F.3d 1221 (11th Cir. 2013)