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COLLINS v. MILLENIUM FUNDING

January 13, 2004.

DOUGLAS D. COLLINS, Plaintiff, -against- MILLENIUM FUNDING, et al., Defendants


The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

The notice of removal in this purported diversity action fails adequately to allege the citizenship of defendant Canfield Capital Management, LLC. See Ferrara Bakery & Cafe Co. v. Colavita Paste & Olive Oil Corp., No. 98 Civ. 4344 (LAP), 1999 WL 135234 (S.D.N.Y. Mar. 12, 1999). Absent the filing, on or before January 27, 2004, of an amended notice of removal sufficiently alleging the existence of subject matter jurisdiction, the action will be remanded.

SO ORDERED. Page 1

20040113

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