Bommarito v. Macy's Retail Holdings, LLC et al
| Annette Bommarito |
| Macys Retail Holdings, LLC and John Doe Number One |
| 1:2021cv00722 |
| November 19, 2021 |
| US District Court for the Southern District of Ohio |
| Douglas R Cole |
| P.I.: Other |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 7 NOTICE of Appearance by Jeffrey William Swiech for Plaintiff Annette Bommarito (Swiech, Jeffrey) |
| Filing 6 AMENDED NOTICE OF REMOVAL by Defendant Macys Retail Holdings, LLC. (Attachments: #1 Exhibit Ex A - Refiled Complaint, #2 Exhibit Exhibit B - State Court docket, #3 Exhibit Exhibit C - Macy's Answer, #4 Exhibit Exhibit D - Taulbee Affidavit, #5 Exhibit Exhibit E - NOF of Amended Removal) (Taulbee, Matthew) Modified docket text on 12/1/2021 (eh). |
NOTATION ORDER as to #1 Notice of Removal. Macy's is Ordered to file an amended notice of removal, on or before December 1, in which it: (1) asserts the citizenship, rather than the residency, of Plaintiff, see 28 U.S.C. 1332; and (2) properly alleges the citizenship of Defendant, which, as an LLC, has the citizenship of each of its members, see, e.g., Novia Commc'ns, LLC v. Weatherby, No. 20-3608, 2021 WL 3399827, at *2 (6th Cir. Aug. 4, 2021) (explaining that LLC has citizenship of each of its members for diversity purposes). Plaintiff shall have thirty days from Defendant's filing of the amended notice of removal in which to file any motion to remand. See 28 U.S.C. 1447(c). SO ORDERED. Signed by Judge Douglas R. Cole on 11/22/21. (sct)
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| Filing 5 NOTICE BY CLERK of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Michael D. Bell. This document has been e-mailed to PHV attorney. (kl) |
| Filing 4 ANSWER to #3 Complaint, originally filed 11/18/2021 in Hamilton County Court of Common Pleas, Case No. A2103651 by Macy's Retail Holdings, LLC. (kl) |
| Filing 3 COMPLAINT with JURY DEMAND against Macy's Retail Holdings, LLC and John Doe Number One, originally filed 10/20/2021 in Hamilton County Court of Common Pleas, Case No. A2103651, by Annette Bommarito. (kl) |
| Filing 2 Corporate Disclosure Statement by Defendant Macys Retail Holdings, LLC. (Taulbee, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Hamilton County Common Pleas, case number A2103651 ( Filing fee $ 402 paid - receipt number: AOHSDC-8600796), filed by Macys Retail Holdings, LLC. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit Ex A Refiled Complaint, #4 Exhibit Ex B State Court Record, #5 Exhibit Ex C Macy's Answer, #6 Exhibit Ex D Taulbee Affidavit, #7 Exhibit Ex E NOF of Notice of Removal) (Taulbee, Matthew) |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kl) |
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