3. (§4.9) Determination of Citizenship

LibraryFederal Civil Litigation in Oregon (OSBar) (2009 Ed.)

3. (§4.9) Determination of Citizenship

Diversity of citizenship is determined at the time the complaint is filed. See, e.g., Dole Food Co. v. Patrickson, 538 US 468, 478, 123 S Ct 1655, 155 L Ed2d 643 (2003). If parties are diverse at the time of filing, a subsequent change in citizenship or domicile does not divest the court of jurisdiction.

CAVEAT: For removal purposes, diversity usually must exist when the state-court action commences and when the notice of removal is filed. However, diversity at the time of removal is sufficient if the plaintiff has voluntarily dismissed or abandoned all nondiverse defendants before filing the removal notice. Self v. General Motors Corp., 588 F2d 655, 657-660 (9th Cir 1978).

The defendant must state the citizenship of each party so that the existence of diversity can be confirmed. Kanter v. Warner-Lambert Co., 265 F3d 853, 857 (9th Cir 2001). The court may disregard the citizenship of nominal or "fraudulently joined" parties. See McCabe v. General Foods Corp., 811 F2d 1336, 1339 (9th Cir 1987); §4.43.

(1) Citizenship of natural persons. A natural person's domicile is his or her permanent home, where he or she resides with the intention to remain or to which the person intends to return. Kanter, 265 F3d at 857.

(2) Citizenship of resident aliens. An alien lawfully admitted into the United States for permanent residence is treated the same as a citizen for diversity...

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