Employers Mutual Casualty Company v. Wadsworth et al

Filing 3

ORDER that plaintiff has until 7/18/05 to amend the complaint to allege jurisidiction sufficiently; Amended complaint due by 7/18/2005. Signed by Judge Myron H. Thompson on 6/28/05. (ajr, )

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Employers Mutual Casualty Company v. Wadsworth et al Doc. 3 Case 2:05-cv-00602-MHT-SRW Document 3 Filed 06/28/2005 Page 1 of 2 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION EMPLOYERS MUTUAL CASUALTY COMPANY, an insurance company incorporated in the State of Iowa, Plaintiff, v. OLLIE WADSWORTH and JOSEPH M. PEIL, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER CIVIL ACTION NO. 2:05cv602-T (WO) The allegations of the plaintiff's complaint are insufficient to invoke this court's diversity-of- citizenship jurisdiction. The allegations must show that the citizenship of each plaintiff is different from that of each defendant. The standard. 28 U.S.C.A. 1332. complaint fails to meet this plaintiff's The complaint gives the "residence" rather An allegation than the "citizenship" of the defendants. that a party is a "resident" of a State is not sufficient Dockets.Justia.com Case 2:05-cv-00602-MHT-SRW Document 3 Filed 06/28/2005 Page 2 of 2 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, 92 S.Ct. 534 (1971). It is therefore the ORDER, JUDGMENT, and DECREE of the court that the plaintiff has until July 18, 2005, to amend the complaint to allege jurisdiction sufficiently; otherwise prejudice. DONE, this the 28th day of June, 2005. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE this lawsuit shall be dismissed without

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