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, )

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