Ha Ha You Can't Remove Me Because I Didn't Say Anything About Citizenship!

Oh darn!

Judge Marra is on to this:

The Court notes that Smyth does not address the issue of whether she is a Florida citizen; rather, Smyth merely rests on the proposition that Hillstone cannot demonstrate diversity at both the time the complaint was filed and the time the notice of removal was filed because she only alleged her residency in the complaint. If Smyth’s position was accepted, a plaintiff could frustrate a defendant’s ability to exercise its statutory right of removal simply by failing to allege citizenship, even though diversity of citizenship can be demonstrated by resort to evidence outside the four corners of the complaint.

This is why I always tell youngin' attorneys -- argue policy policy policy, the reasons often matter more than the law itself.