Leos v. Sugino Corporation et al

Filing 6

ORDER, JUDGMENT and DECREE of the court that the plaintiff has until 9/14/2012, to amend the complaint to allege 1332 jurisdiction sufficiently; otherwise this cause shall be dismissed without prejudice, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/4/12. (djy, )

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

SOCORRO LEOS, as the
administratrix and/or
personal representative
of the estate of
Esteban Leos, deceased,
Plaintiff,
v.
SUGINO CORPORATION and
RAYMOND G. STUKEL,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
2:12cv714-MHT
(WO)

ORDER
The

allegations

insufficient

to

of

invoke

citizenship jurisdiction.

the

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.

28 U.S.C. § 1332.

The plaintiff's complaint fails to meet this standard.
First, the plaintiff has sued in her capacity as personal
representative for the estate of the decedent.

"[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 ...."
complaint

does

28 U.S.C. § 1332(c)(2).
not

set

forth

the

Because the

citizenship

of

the

decedent, the complaint does not adequately establish the
ground for this court to assume jurisdiction of this
matter.
Second, § 1332(c) provides that a corporation shall be
deemed a citizen, first, of all States by which it has
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
defendant Sugino Corporation.

2

Finally, the

plaintiff's complaint fails to meet

§ 1332's requirements because the complaint fails to give
the "citizenship" of defendant Raymond G. Stukel.

An

allegation suggesting 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).

The

complaint

must

affirmatively

set

forth

Stukel’s State of citizenship.
***
It is therefore the ORDER, JUDGMENT, and DECREE of the
court that the plaintiff has until September 14, 2012, 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 4th day of September, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE