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, )

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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. ) ) ) ) ) ) ) ) ) ) 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

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