State Farm Fire and Casualty Company v. Cook et al (MAG+)

Filing 4

ORDER, JUDGMENT, and DECREE of the court that the plf has until 6/7/2011, to amend the complaint to allege jurisdiction sufficiently, as further set out in order. Signed by Honorable Myron H. Thompson on 5/24/2011. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION STATE FARM FIRE AND CASUALTY COMPANY, ) ) ) Plaintiff, ) ) v. ) ) JOSH O’NEAL COOK, an ) Individual, and JANET ) HALLFORD, as Administratrix ) of the Estate of James ) David Stephens, Jr., ) Deceased, ) ) Defendants. ) CIVIL ACTION NO. 1:11cv384-MHT (WO) ORDER The allegations insufficient to of invoke citizenship jurisdiction. the plaintiff's this complaint court's are diversity-of- The allegations must show that the citizenship of each plaintiff is different from that of each defendant. 28 U.S.C. § 1332. The plaintiff's complaint fails to meet this standard. The complaint "citizenship" gives of the "residence" defendant Josh rather O’Neal than Cook. the An allegation that a party is a "resident" of a state is not sufficient to establish that a party is a "citizen" of that state. Delome v. Union Barge Line Co., 444 F.2d 225, 233 (5th Cir.), cert. denied, 404 U.S. 995 (1971). In addition, the plaintiff has sued defendant Janet Hallford in her capacity as a personal representative for the estate of a decedent. "[T]he legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent." § 1332(c)(2). 28 U.S.C. Because the complaint sets forth only the citizenship of the personal representative and not that of the decedent, the complaint does not adequately establish the ground for this court to assume jurisdiction of this matter. It is therefore the ORDER, JUDGMENT, and DECREE of the court that the plaintiff has until June 7, 2011, to amend the complaint otherwise this to allege lawsuit jurisdiction shall be sufficiently; dismissed prejudice. DONE, this the 24th day of May, 2011. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE without

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