Conecuh River Timber Co., LLC v. BAR Forest Products, LLC et al

Filing 4

ORDER, JUDGMENT, and DECREE of the court that the plaintiff has until November 4, 2011, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 10/27/2011. (jg, )

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

CONECUH RIVER TIMBER CO.,
LLC,
Plaintiff,
v.
BAR FOREST PRODUCTS, LLC;
et al.,
Defendants.

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CIVIL ACTION NO.
2:11cv913-MHT
(WO)

ORDER
The

allegations

insufficient

to

of

the

invoke

citizenship jurisdiction.

plaintiff's

this

court's

complaint

are

diversity-of-

The allegations must show that

the citizenship of each plaintiff is different from that
of each defendant.
The

28 U.S.C. § 1332.

plaintiff's

complaint

fails

to

meet

this

standard. The complaint gives the "residence" rather than
the "citizenship" of defendants Tracy Baggett and Jeremy
McClain.

An allegation that a party is a "resident" of a

State is not sufficient 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
(1971).
It is therefore the ORDER, JUDGMENT, and DECREE of the
court that the plaintiff has until November 4, 2011, to
amend the complaint to allege jurisdiction sufficiently;
otherwise

this

lawsuit

shall

be

dismissed

prejudice.
DONE, this the 27th day of October, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

without