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Heather Newhouse v. Walmart

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

June 1, 2015

HEATHER NEWHOUSE, Plaintiff,
v.
WALMART, et al., Defendants.

OPINION AND ORDER

SUSAN COLLINS, Magistrate Judge.

Defendants removed this case here on May 29, 2015, from Allen Superior Court, alleging that the Court has diversity jurisdiction pursuant to 28 U.S.C. ยง 1332. (DE 1). The Notice of Removal properly alleges the citizenship of Plaintiff Heather Newhouse and Defendants Wal-Mart Stores East, LP, Wal-Mart Stores East, Inc., and Wal-Mart Stores, Inc.

The Notice of Removal, however, is silent as to the organizational form and citizenship of the fourth Defendant, "Walmart." Of course, as the party seeking to invoke federal diversity jurisdiction, Defendants bear the burden of demonstrating that the requirement of complete diversity has been met. Chase v. Shop N Save Warehouse Foods, Inc., 110 F.3d 424, 427 (7th Cir. 1997).

Therefore, Defendants are ORDERED to supplement the record on or before June 15, 2015, by filing an Amended Notice of Removal reciting Defendant Walmart's organizational status and stating its ...


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