Edwards v. Pactiv Corporation et al (MEMBER CASE)

Filing 3

ORDER that the plaintiff has until 2/21/06 to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice ; Amended Complaint due by 2/21/2006. Signed by Judge Myron H. Thompson on 2/8/2006. (ag, )

Edwards v. Pactiv Corporation et al (MEMBER CASE)

Doc. 3

Case 2:06-cv-00086-LES-CSC

Document 3

Filed 02/08/2006

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

LILLIAN EDWARDS, as Administratrix of the the Estate of Marvin Mays, deceased, Plaintiff, v. TMA FOREST PRODUCTS GROUP, etc., et al., Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ORDER

CIVIL ACTION NO. 2:06cv86-MHT (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. § 1332. complaint fails to meet this

plaintiff's

The plaintiff has sued in her capacity as

personal representative for the estate of the decedent.

Dockets.Justia.com

Case 2:06-cv-00086-LES-CSC

Document 3

Filed 02/08/2006

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"[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). 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 February 21, 2006 to amend the complaint to allege jurisdiction

sufficiently; otherwise this lawsuit shall be dismissed without prejudice. DONE, this the 8th day of February, 2006.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE