Carter Brothers Manufacturing Company, Inc. v. Lumbermen's Underwriting Alliance

Filing 22

ORDER directing that it is the ORDER, JUDGMENT, and DECREE of the court that the plaintiff has until May 20, 2011, to amend the complaint to allege jurisdiction sufficiently, see 28 U.S.C. § 1653; otherwise this lawsuit shall be dismissed without prejudice. Signed by Honorable Myron H. Thompson on 5/3/11. (scn, )

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

CARTER BROTHERS
MANUFACTURING COMPANY,
INC.,

)
)
)
)
Plaintiff,
)
)
v.
)
)
LUMBERMEN’S UNDERWRITING
)
ALLIANCE, an Inter)
insurance Exchange Company, )
)
Defendant.
)

CIVIL ACTION NO.
2:11cv251-MHT
(WO)

ORDER
The allegations of the complaint in this lawsuit are
insufficient to invoke this court's original jurisdiction
under 28 U.S.C. § 1332 (diversity of citizenship).

To

invoke jurisdiction based on diversity, the complaint
must distinctly and affirmatively allege each party's
citizenship.
2d

653,

McGovern v. American Airlines, Inc., 511 F.

654

allegations

(5th

must

Cir.

show

1975)

that

the

(per

curiam).

citizenship

of

The
each

plaintiff is different from that of each defendant.

28

U.S.C. § 1332.
The complaint is insufficient because it does not
indicate

the

citizenship

Underwriting Alliance.

of

defendant

Lumbermen’s

If the entity is a corporation,

then the complaint must allege the citizenship of both
the State of incorporation and where the corporation has
its principal place of business.
American

Motorist

Insur.

Co.

28 U.S.C. § 1332(c)(2);
v.

American

Employers'

Insur. Co., 600 F.2d 15, 16 & n. 1 (5th Cir. 1979) (per
curiam).

If the entity is a partnership, the complaint

must indicate the citizenship of the individual partners,
both general and limited.
494 U.S. 185 (1990).

Carden v. Arkoma Associates,

If the entity is an unincorporated

association, the complaint must indicate the citizenship
of each and every one of its members.

Xaros v. U.S.

Fidelity and Guar. Co., 820 F.2d 1176, 1181 (11th Cir.
1987).

If the entity is a limited liability company, the

complaint must allege “[t]he citizenships of all members

2

of the limited liability company.” Rolling Greens MHP,
L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022
(11 Cir. 2004). (And if the entity consists of several
entities, the complaint must reflect the citizenship, or
citizenships, of each and every entity based on the
nature of that entity.)
***
It is therefore the ORDER, JUDGMENT, and DECREE of
the court that the plaintiff has until May 20, 2011, to
amend the complaint to allege jurisdiction sufficiently,
see 28 U.S.C. § 1653; otherwise this lawsuit shall be
dismissed without prejudice.
DONE, this the 3rd day of May, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE