Brown et al v. Dolgencorp, LLC
Filing
4
ORDER, JUDGMENT and DECREE of the court that the plaintiffs have until 9/14/2012, to amend the complaint to allege 1332 jurisdiction sufficiently, otherwise this cause shall be dismissed without prejudice, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/4/12. (djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
DAWN AND GREG BROWN,
as parents and next of
friends of A.B., a minor,
Plaintiffs,
v.
DOLGENCORP, LLC,
a corporation,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL ACTION NO.
1:12cv735-MHT
(WO)
ORDER
The
allegations
of
the
plaintiffs'
complaint
are
insufficient to invoke this court's jurisdiction under 28
U.S.C. § 1332.
To invoke jurisdiction based on diversity,
a complaint must distinctly and affirmatively allege each
party's citizenship.
McGovern v. American Airlines, Inc.,
511 F. 2d 653, 654 (5th Cir. 1975) (per curiam).* 28 U.S.C.
§ 1332(c) provides that a corporation shall be deemed a
citizen,
first,
of
all
States
by
which
it
has
been
*In Bonner v. Prichard, 661 F.2d 1206, 1209 (11th
Cir. 1981) (en banc), the Eleventh Circuit Court of
Appeals adopted as binding precedent all of the decisions
of the former Fifth Circuit handed down prior to the
close of business on September 30, 1981.
incorporated and, second,
of the State where it has its
principal place of business.
To invoke jurisdiction based
on diversity in a case in which a corporation is a party,
it is thus necessary to allege distinctly and affirmatively
all
the
States
by
which
the
corporation
has
been
incorporated and the State in which the corporation has its
principal place of business.
American Motorists Ins. Co.
v. American Employers' Ins. Co., 600 F.2d 15, 16 and n.1
(5th Cir. 1979) (per curiam).
The plaintiffs' complaint
fails to allege sufficiently the citizenship of defendant
Dolgencorp, LLC.
***
It is therefore the ORDER, JUDGMENT, and DECREE of the
court that the plaintiffs have until September 14, 2012, to
amend
the
complaint
to
allege
§
1332
jurisdiction
sufficiently, see 28 U.S.C. § 1653; otherwise, this cause
shall be dismissed without prejudice.
DONE, this the 4th day of September, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?