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Insurance | Pennsylvania Western
Order ~Util - Terminate Civil Case
ORDER REMANDING CIVIL ACTION No. 26-cv-1337 FORTHWITH FOR LACK OF SUBJECT MATTER JURISDICTION. The Court has reviewed the docket and papers in this Civil Action, which was removed to the U.S. District Court for the Western District of Pennsylvania on June 18, 2026, [ECF 1], from the Court of Common Pleas of Allegheny County, Pennsylvania. The Court is obligated to consider whether it has subject matter jurisdiction over any civil action on its docket, and as to removed actions, to remand such action to state court if at any time prior to final judgment it appears that this Court lacks subject matter jurisdiction. 28 U.S.C. 1447(c). The Court now remands this action to the Court of Common Pleas of Allegheny County because the removing Defendant has not established that this Court has subject matter jurisdiction over this action. The Plaintiff in this action is identified in the state court Complaint and Notice of Removal as a limited liability company ("LLC"). Applying Third Circuit case law, the citizenship of an LLC for diversity jurisdiction purposes is determined by the citizenship of each member of the LLC. Zambelli Fireworks Mfg. Co. v. Wood, 592 F.3d 412, 418 (3d Cir. 2010). Neither the state court complaint nor the Notice of Removal identifies the citizenship of each member of the involved LLC, and therefore neither the state court complaint nor the Notice of Removal demonstrate that there is complete diversity of citizenship between the Plaintiff and the Defendant as required by 28 U.S.C. 1332(a). If a defendant removes a case but "it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." 28 U.S.C.A. § 1447(c). The removal statutes "are to be strictly construed against removal and all doubts should be resolved in favor of remand." Boyer v. Snap-on Tools Corp., 913 F.2d 108, 111 (3d Cir. 1990). A removing defendant bears the burden of showing that federal subject matter jurisdiction exists. See, e.g., Farrell v. FedEx Ground Package Sys., Inc., 478 F. Supp. 3d 536, 540 (D.N.J. 2020). In this case, the Defendant has not established subject matter jurisdiction in its Notice of Removal because it did not identify the citizenship of each member of the LLC. "When neither the complaint nor the notice of removal establishes that the court has subject matter jurisdiction, a district court may raise this issue sua sponte and remand a case to state court." Martin v. Wal-Mart Stores, Inc., 709 F. Supp. 2d 345, 347 (D.N.J. 2010) (quoting Saffle v. Oil Field Pipe & Supply, Inc., No. 090327, 2009 WL 1606519, *3 (N.D. Okla. June 8, 2009)). The Court does that now, and remands this civil action to the Court of Common Pleas of Allegheny County forthwith for lack of subject matter jurisdiction. Signed by Judge Mark R. Hornak on 6/24/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
Disclosure Statement
Disclosure Statement by AUTO-OWNERS INSURANCE COMPANY. (Canciello, Richard)
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