Allstate Indemnity Company v. Guy

Filing 5

ORDER, JUDGMENT, and DECREE of the court that the plaintiff has until 6/24/2011, to amend the 1 Complaint to allege § 1332 jurisdiction sufficiently, see 28 U.S.C. § 1653; otherwise, this cause shall be dismissed without prejudice.Signed by Honorable Judge Myron H. Thompson on 6/16/2011. (dmn)

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

ALLSTATE INDEMNITY COMPANY, )
)
Plaintiff,
)
)
v.
)
)
DOROTHY GUY,
)
)
Defendant.
)

CIVIL ACTION NO.
2:11cv432-MHT
(WO)

ORDER
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 diversity,

a complaint must distinctly and affirmatively allege each
party's citizenship. McGovern v. American Airlines, Inc.,
511 F. 2d 653, 654 (5th Cir. 1975) (per curiam).*

28

U.S.C. § 1332(c) provides that a corporation shall be
deemed a citizen, first, of all States by which it has

*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.

been incorporated and, second, of the State where it has
its principal place of business.

To invoke jurisdiction

based on diversity in a case in which a corporation is a
party, it is thus necessary to allege distinctly and
affirmatively all the States by which the corporation has
been incorporated and the State in which the corporation
has its principal place of business.

American Motorists

Ins. Co. v. American Employers' Ins. Co., 600 F.2d 15, 16
and n.1 (5th Cir. 1979) (per curiam).

The plaintiff's

complaint fails to allege sufficiently the citizenship of
corporate plaintiff Allstate Indemnity Company.
It is therefore the ORDER, JUDGMENT, and DECREE of the
court that the plaintiff has until June 24, 2011, to amend
the complaint to allege § 1332 jurisdiction sufficiently,
see 28 U.S.C. § 1653; otherwise, this cause shall be
dismissed without prejudice.
DONE, this the 16th day of June, 2011.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE