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CORPORATE MANAGEMENT ADVISORS, INC. v. ARTJEN COMPLEXUS, INC.

Nos. 08-14606, 08-14607 Non-Argument Calendar.

561 F.3d 1294 (2009)

CORPORATE MANAGEMENT ADVISORS, INC., Plaintiff-Appellee, v. ARTJEN COMPLEXUS, INC., Arthur Barat, Defendants-Appellants. Corporate Management Advisors, Inc., Plaintiff-Appellee, v. Artjen Complexus, Inc., Arthur Barat, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 11, 2009.

Attorney(s) appearing for the Case

William E. Bradley, Cahn & Samuels, LLP, Washington, DC, for Defendants-Appellants.

Bruce Eric Loren, West Palm Beach, FL, for Plaintiff-Appellee.

Before TJOFLAT, WILSON and FAY, Circuit Judges.

WILSON, Circuit Judge:

This appeal raises the following issue: whether the failure to allege facts sufficient to establish subject matter jurisdiction in a notice of removal is a defect in the removal procedure.1 We conclude that it is a defect, and consequently, the district court cannot sua sponte remand a case to state court on that ground.

I. BACKGROUND

On July 18, 2008, Artjen Complexus, Inc. and Arthur M...

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