Opinion
22-cv-0244 SMV/KK
04-04-2022
ZIA LAND AND WATER CONSERVATION, LLC, Plaintiff, v. FORTY ACRES ENERGY, LLC; HL PUMPING; and TWIN PEAKS SERVICES, LLC; Defendants.
MEMORANDUM OPINION AND ORDER GRANTING LEAVE TO AMEND NOTICE OF REMOVAL
STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE
THIS MATTER is before the Court on the Notice of Removal [Doc. 1], filed by Defendant Forty Acres, LLC, on March 31, 2022. The Court has a duty to determine sua sponte whether subject-matter jurisdiction exists. See Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006); Tuck v. United Servs. Auto. Ass'n, 859 F.2d 842, 844 (10th Cir. 1988). The Court, having considered the Notice of Removal, the underlying pleadings, the applicable law, and being otherwise fully advised in the premises, concludes that no basis for subject-matter jurisdiction is asserted or evident.
Specifically, the Court reviewed the Complaint, [Doc. 3] at 3-9, and Amended Complaint, [Doc. 1] at 12-18, filed in state court on February 21, 2022, and March 25, 2022, respectively.
On the one hand, the Civil Cover Sheet indicates that the removing Defendant, Forty Acres, intends to invoke diversity jurisdiction. [Doc. 1] at 19. On the other hand, however, the Notice of Removal neither invokes diversity jurisdiction explicitly nor alleges facts to support it. Id. at 1-2. Defendant Forty Acres alleges that it not a citizen of New Mexico itself but that Plaintiff is. Id. However, Defendant Forty Acres does not address the citizenship of the other Defendants. Id. The other Defendants appear to be New Mexican, [Doc. 3] at 3-4, like Plaintiff, thereby precluding diversity jurisdiction. See 28 U.S.C. § 1332(a)(1).
To the extent that Defendant Forty Acres may under the impression that complete diversity of citizenship is not required because the other Defendants have not yet been served, see [Doc. 1] at 1, it is incorrect. See Woods v. Ross Dress for Less, 833 Fed.Appx. 754, 757-58 (10th Cir. 2021). “A defendant's citizenship is part of the diversity analysis regardless of whether the defendant has been served.” Id. at 757.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Defendant Forty Acres amend the Notice of Removal to allege a basis for subject-matter jurisdiction, if such allegations can be made in compliance with the dictates of Rule 11 of the Federal Rules of Civil Procedure, no later than April 25, 2022.
IT IS FURTHER ORDERED that if such an amended notice is not filed by April 25, 2022, this action may be remanded to state court.
IT IS SO ORDERED.