Precoat Metals Corp. v. Southeastern Stud & Components, Inc. et al

Filing 12

OPINION AND ORDER that the plf has until 11/7/2014 to amend the complaint to allege 1332 jurisdiction sufficiently; otherwise, this cause shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 10/27/14. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
PRECOAT METALS CORP.,
Plaintiff,
v.
SOUTHEASTERN STUD &
COMPONENTS, INC., et al.,
Defendants.

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CIVIL ACTION NO.
2:14cv972-MHT
(WO)

OPINION AND ORDER
The allegations of the plaintiff's complaint are
insufficient to invoke this court's jurisdiction under
28 U.S.C. § 1332.
diversity,
affirmatively

a

To invoke jurisdiction based on

complaint
allege

must

each

distinctly

party's

and

citizenship.

McGovern v. American Airlines, Inc., 511 F. 2d 653, 654
(5th Cir. 1975) (per curiam).*



28 U.S.C. § 1332(c)

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.

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

corporation

has

its

and

the

State

principal

in

place

which

of

the

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

Precoat Metals Corp.

***

It is therefore the ORDER, JUDGMENT, and DECREE of
the

court

that

the

plaintiff
2

has

until

November

7,

2014,

to

jurisdiction
otherwise,

amend

the

complaint

sufficiently,
this

cause

see

shall

to
28

be

allege
U.S.C.

dismissed

§ 1332
§

1653;
without

prejudice.
DONE, this the 27th day of October, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE