Hester et al v. Regions Bank et al

Filing 6

(VACATED PURSUANT TO 107 ORDER) ORDER that the plaintiffs SHOW CAUSE, if any there be, in writing by November 13, 2009, as to why this case should not be dismissed because diversity-of-citizenship jurisdiction, the only basis for jurisdiction alleged in the complaint, is missing. Show Cause Response due by 11/13/2009. Signed by Honorable Myron H. Thompson on 10/29/2009. (br, ) Modified on 3/22/2010 (wcl, ).

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION TERRY HESTER, et al., Plaintiffs, v. REGIONS BANK, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER CIVIL ACTION NO. 2:09cv908-MHT (WO) In this lawsuit, the plaintiffs state that they seek to invoke the jurisdiction of the court based on "diverse citizenship." court may Complaint (Doc. No. 1), at 3. jurisdiction where the A federal amount in assert controversy exceeds $ 75,000, exclusive of costs and interests, and the parties are citizens of different States. 28 U.S.C. 1332(a). to exist, there However, for diversity must be "complete jurisdiction diversity," that is, each defendant must be a citizen of a State different from that of each plaintiff or, to put it another way, complete diversity is lacking where any party on one side of the suit is from the same State as any party on the other side. Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365, 373 (1978); Strawbridge v. Curtiss, 7 U.S. 267 (1806); Palmer v. Hospital Auth. of Randolph Cty., 22 F.3d 1559, 1564 (11th Cir. 1994). It appears, from the face of the plaintiffs' complaint, that "complete plaintiffs natural diversity" state that of is lacking: For Terry example, Hester and is the "a plaintiff state is "an of citizen the Alabama" that defendant Regions Bank Alabama corporation." Complaint (Doc. No. 1), at 2. Thus, it appears that both plaintiff Hester and defendant Regions Bank are citizens of Alabama, with the result that "complete diversity" is missing. Accordingly, it is ORDERED that the plaintiffs show cause, if any there be, in writing by November 13, 2009, as to why this case should not be dismissed because diversity-of-citizenship jurisdiction, the only basis for jurisdiction alleged in the complaint, is missing. DONE, this the 29th day of October, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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