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GANSINGER v. HOLIDAY INNS

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK


May 12, 1998

VICTORIA GANSINGER and GRANT GANSINGER, Plaintiffs, -vs- HOLIDAY INNS, INC., FRANKLIN PROPERTY COMPANY, MHC AIRPORT INN, INC., and B.F. SAUL REAL ESTATE INVESTMENT TRUST, Defendants.

The opinion of the court was delivered by: SIRAGUSA

On March 20, 1998, the defendants filed a notice of removal to this Court, which notice of removal failed to provide the necessary factual basis for this Court to determine whether or not it has jurisdiction pursuant to 28 U.S.C. § 1332. By a Decision and Order dated April 14, 1998, the defendants were directed to file and serve an amended notice of removal setting forth the states of incorporation and the principal places of business for Holiday Inns, Inc. and Franklin Property Company, as well as the citizenship of the trustee(s) of the B.F. Saul Real Estate Investment Trust, on or before May 4, 1998. This Decision and Order further stated that failure to provide this information by May 4, 1998 would result in this action being remanded to State Supreme Court. To date, the defendants have not submitted the requested information.

 CONCLUSION

 Accordingly, this matter is remanded to New York State Supreme Court, Monroe County, pursuant to 28 U.S.C. § 1447(c). The Clerk is directed to mail a certified copy of this Decision and Order to the Clerk of that Court. Pursuant to 28 U.S.C. § 1447(d), this Order is not reviewable on appeal or otherwise.

 So ordered.

 Dated: Rochester, New York

 May 12, 1998

 ENTER:

 CHARLES J. SIRAGUSA

 United States District Judge

19980512

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