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Brown v. Anthony

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 4, 2008

PHYLLIS C. BROWN, PLAINTIFF,
v.
JON ANTHONY, D/B/A ANTHONY'S TRUTECHS , AND CHARTER COMMUNICATIONS ENTERTAINMENT I, LLC, DEFENDANTS.

The opinion of the court was delivered by: Murphy, District Judge

MEMORANDUM AND ORDER

This case has been removed by Charter Communications Entertainment I, L.L.C., from the Circuit Court for the Twentieth Judicial Circuit, St. Clair County, Illinois, to this Court in federal diversity jurisdiction. On January 15, 2008, after preliminary review of the notice of removal, the Court ordered Charter to file an amended notice of removal on or before January 31, 2008, correcting defective jurisdictional allegations in the notice of removal (see Doc. 4).

In spite of the Court's express command to correct several glaring defects in the jurisdictional allegations of the notice of removal, the amended notice of removal filed by Charter (see Doc. 6), still fails to properly identify the citizenship of each party, including the citizenship of each member of each limited liability company. In general, "it is not the court's obligation to lead counsel through a jurisdictional paint-by-numbers scheme." Tylka v. Gerber Prods. Co., 211 F.3d 445, 448-49 (7th Cir. 2000) (quoting Guaranty Nat'l Title Co. v. J.E.G. Assocs., 101 F.3d 57, 59 (7th Cir. 1996)). Moreover, when "[d]espite receiving express directions about what they [have] to do [to establish federal subject matter jurisdiction], counsel [do] not do it," then "[a]t some point the train of opportunities ends." Id. at 448 (quoting America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992)). See also Thomas v. Guardsmark, LLC, 487 F.3d 531, 534-35 (7th Cir. 2007); Culbertson v. Broviak, No. Civ. 05-404-GPM, 2006 WL 126628, at *1 (S.D. Ill. Jan. 17, 2006); Home Sav. of Am., F.A. v. Bivona, No. 93 C 56, 1993 WL 11842, at *1 (N.D. Ill. Jan. 15, 1993).

Accordingly, this action is REMANDED to the Circuit Court for the Twentieth Judicial Circuit, St. Clair County, Illinois, pursuant to 28 U.S.C. § 1447(c) for lack of subject matter jurisdiction.

IT IS SO ORDERED.

G. Patrick Murphy United States District Judge

20080204

© 1992-2008 VersusLaw Inc.



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