State Farm Fire and Casualty Company v. Cook et al (MAG+)
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
JOSH O’NEAL COOK, an
Individual, and JANET
HALLFORD, as Administratrix )
of the Estate of James
David Stephens, Jr.,
CIVIL ACTION NO.
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.
allegation that a party is a "resident" of a state is not
sufficient to establish that a party is a "citizen" of
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."
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
It is therefore the ORDER, JUDGMENT, and DECREE of the
court that the plaintiff has until June 7, 2011, to amend
DONE, this the 24th day of May, 2011.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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