McCuistian v. LG Electronics U.S.A., Inc., et al.
ORDER directing that the plaintiff has until June 1, 2015, to amend the complaint to allege § 1332 jurisdiction sufficiently, as further set out. Signed by Honorable Judge Myron H. Thompson on May 18, 2015. (scn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
RICHARD WARREN McCUISTIAN
as Administrator for the
Estate of Anne Mccuistian,
LG ELECTRONICS U.S.A.,
INC., A Corporation;
CIVIL ACTION NO.
The allegations of the plaintiff's complaint are
insufficient to invoke this court's jurisdiction under
28 U.S.C. § 1332.
To invoke jurisdiction based on
McGovern v. American Airlines, Inc., 511 F. 2d 653, 654
(5th Cir. 1975) (per curiam).*
The complaint suffers
from two deficiencies in this regard.
First, the plaintiff has sued in his capacity as
personal representative for the estate of the 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 ...."
28 U.S.C. § 1332(c)(2).
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.
corporation shall be deemed a citizen, first, of all
States by which it has been incorporated and, second,
To invoke jurisdiction based on diversity in
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.
a case in which a corporation is a party, it is thus
necessary to allege distinctly and affirmatively all
incorporated and the State in which the corporation has
its principal place of business.
Ins. Co. v. American Employers' Ins. Co., 600 F.2d 15,
plaintiff's complaint fails to allege sufficiently the
citizenship of corporate defendants because it does not
allege each defendant’s principal place of business.
It is therefore the ORDER, JUDGMENT, and DECREE of
the court that the plaintiff has until June 1, 2015, to
cause shall be dismissed without prejudice.
DONE, this the 18th day of May, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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