Ingram v. Janssen Research & Development LLC et al (JOINT ASSIGN)
OPINION AND ORDER that it is the ORDER, JUDGMENT, and DECREE of the court that the plf has until 1/9/2015, to amend the complaint further to allege jurisdiction sufficiently, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 12/29/14. (djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
MARY ANN INGRAM, as
Executrix of the Estate of
Ada Erle Church and
Personal Representative of
Ada Erle Church, deceased,
JANSSEN RESEARCH &
DEVELOPMENT, LLC f/k/a
Johnson and Johnson
and Development, LLC, et
CIVIL ACTION NO.
OPINION AND ORDER
The allegations of the amended complaint in this
case are insufficient to invoke this court's original
To invoke original jurisdiction based on
McGovern v. American Airlines, Inc., 511 F. 2d 653, 654
banc) (the Eleventh Circuit Court of Appeals adopted as
binding precedent all of the decisions of the former
business on September 30, 1981).
The allegations must
different from that of each defendant.
See 28 U.S.C.
§ 1332; see also 2 James Wm. Moore, et al., Moore's
Federal Practice § 8.03[b] at 8-16 (3d ed. 2006).
standard in two ways.
First, the complaint does not
allege the citizenship of the
plaintiff, who brings
suit in her capacity as the executrix of the estate, as
well as personal representative, of a 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).
plaintiff, the complaint must allege the citizenship of
the decedent whose estate the plaintiff represents.
Second, the complaint is insufficient because it
does not indicate the citizenship of a party that it
identifies as a ‘limited liability company’: Janssen
partnership, a limited liability company is a citizen
of any state of which a member of the company is a
Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004).
The complaint must therefore allege “the citizenships
of all the members of the limited liability company.”
And if the entity consists of several entities,
citizenships, of each and every entity based on the
nature of that entity.
It is therefore the ORDER, JUDGMENT, and DECREE of
the court that the plaintiff has until January 9, 2015,
to amend the complaint further to allege jurisdiction
sufficiently; otherwise this lawsuit shall be dismissed
DONE, this the 29th day of December, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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