Ingram v. Janssen Research & Development LLC et al (JOINT ASSIGN)

Filing 49

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, )

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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, Plaintiff, v. JANSSEN RESEARCH & DEVELOPMENT, LLC f/k/a Johnson and Johnson Pharmaceutical Research and Development, LLC, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:14cv1125-MHT (WO) OPINION AND ORDER The allegations of the amended complaint in this case are insufficient to invoke this court's original jurisdiction citizenship). diversity, under U.S.C. § 1332 (diversity of To invoke original jurisdiction based on the affirmatively 28 complaint allege each must party's distinctly and citizenship. See McGovern v. American Airlines, Inc., 511 F. 2d 653, 654 (5th Cir. 1975) (per curiam); see also 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 business on September 30, 1981). show that the citizenship to the close of The allegations must of each different from that of each defendant. plaintiff is See 28 U.S.C. § 1332; see also 2 James Wm. Moore, et al., Moore's Federal Practice § 8.03[5][b] at 8-16 (3d ed. 2006). The plaintiff's standard in two ways. complaint fails to meet this 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. "[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...." order to 28 U.S.C. § 1332(c)(2). allege properly the Therefore, in citizenship of the plaintiff, the complaint must allege the citizenship of the decedent whose estate the plaintiff represents. 2 Second, the complaint is insufficient because it does not indicate the citizenship of a party that it identifies as a ‘limited liability company’: Janssen Research & Development, LLC. “[L]ike a limited partnership, a limited liability company is a citizen of any state of which a member of the company is a citizen.” Rolling Greens MHP, L.P. v. Comcast SCH 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.” Id. And if the entity consists of several entities, the complaint must reflect the citizenship, or 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 3 sufficiently; otherwise this lawsuit shall be dismissed without prejudice. DONE, this the 29th day of December, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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