Weisberg v. Chubb Insurance Company ( 2024 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DEENA WEISBERG, Plaintiff, Case No. 24-cv-12441 v. HON. MARK A. GOLDSMITH CHUBB INSURANCE COMPANY, Defendant. ________________________/ ORDER REGARDING JURISDICTION This matter is presently before the Court on Defendant Chubb Insurance Company’s notice of removal (Dkt. 1). The notice of removal states that the Court has subject-matter jurisdiction based on diversity of citizenship. See Notice of Removal ¶ 4. Under the diversity jurisdiction statute, 28 U.S.C. § 1332, federal district courts have jurisdiction over matters in which there is “complete diversity such that no plaintiff is a citizen of the same state as any defendant.” V & M Star, LP v. Centimark Corp., 596 F.3d 354, 355 (6th Cir. 2010). In a diversity case, the party asserting jurisdiction—in this case, Defendant—bears the burden of establishing it. See Hertz Corp. v. Friend, 559 U.S. 77, 96 (2010). Defendant states that Plaintiff is a citizen of Michigan. As to its own citizenship, Defendant states that it is “domiciled in Indiana with its principal place of business in Philadelphia, Pennsylvania.” Notice of Removal ¶ 6. But domicile is not the relevant test for a corporation. A corporation is a citizen of any state by which it has been incorporated and of the state where it has its principal place of business. 28 U.S.C. § 1332(c)(1). Defendant did not specify the states by which it has been incorporated. Therefore, the Court cannot conclude that it has subject-matter jurisdiction over this action based on diversity of citizenship. Defendant is ordered to file a memorandum within 10 days of the date of entry of this order setting forth proper jurisdictional allegations. If Defendant believes that the current allegations are sufficient, it must file a memorandum explaining its position within the same 10-day period. Failure to comply with this order will result in the dismissal of this case pursuant to Federal Rule of Civil Procedure 12(h)(3) for lack of subject-matter jurisdiction. SO ORDERED. Dated: October 17, 2024 s/Mark A. Goldsmith Detroit, Michigan MARK A. GOLDSMITH United States District Judge