Leos v. Sugino Corporation et al
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
of the estate of
Esteban Leos, deceased,
SUGINO CORPORATION and
RAYMOND G. STUKEL,
CIVIL ACTION NO.
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.
legal representative of the estate of a decedent shall be
deemed to be a citizen only of the same State as the
28 U.S.C. § 1332(c)(2).
decedent, the complaint does not adequately establish the
ground for this court to assume jurisdiction of this
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.
Ins. Co. v. American Employers' Ins. Co., 600 F.2d 15, 16
and n.1 (5th Cir. 1979) (per curiam).
complaint fails to allege sufficiently the citizenship of
defendant Sugino Corporation.
plaintiff's complaint fails to meet
§ 1332's requirements because the complaint fails to give
the "citizenship" of defendant Raymond G. Stukel.
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
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
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
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