Accordingly, we also reject Advance America’s second basis for claiming that minimal diversity exists in this case
Thus, under the class definition set forth in the complaint, if a putative class member had in fact changed his or her State of domicile by the time the complaint had been filed, then the person no longer would qualify as a member of the class and accordingly would have no impact on whether minimal diversity exists. And if the person established citizenship in another State after the complaint was filed, it would not affect jurisdiction that existed at the time the complaint or notice of removal was filed. See Mollan v. Torrance, 22 U.S. (9 Wheat.) 537, 539, 6 L. 154 (1824); see also Grupo Dataflux, 541 U.S. at 570-71, 124 S.Ct. 1920; 28 U.S.C. § 1332(d)(7).
Because we conclude that Advance America has not demonstrated the minimal diversity required by 28 U.S.C. § 1332(d)(2)(A) http://www.cashcentralpaydayloans.com/payday-loans-ut, we need not reach the issue whether the home-state exception in § 1332(d)(4)(B) was satisfied. But we observe, as a matter of logic, that if the class is limited to citizens of South Carolina, it could hardly be claimed that two-thirds of the class members were not citizens of South Carolina. Read more…?