Southern Pioneer Property & Casualty Insurance Company v. Vinson et al

Filing 6

ORDER: It is therefore the ORDER, JUDGMENT, and DECREE of the court that the plaintiff has until 1/31/2023, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 1/17/2023. (cwl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
SOUTHERN PIONEER PROPERTY
& CASUALTY INSURANCE
COMPANY,
Plaintiff,
v.
CHIQUITA VINSON, as
Administrator of the
Estate of Tocarious
Johnson; and AUTO FUNDING
GROUP, LLC d/b/a 2nd
Chance Auto Sales,
Defendants.

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CIVIL ACTION NO.
2:23cv36-MHT
(WO)

ORDER
The allegations of the plaintiff's complaint are
insufficient

to

invoke

this

diversity-of-citizenship jurisdiction.

court's

The allegations

must show that the citizenship of each plaintiff is
different

from

that

of

each

defendant.

28

U.S.C.

§ 1332.
The
standard.

plaintiff's

complaint

fails

to

meet

this

The plaintiff has sued defendant Chiquita

Vinson in her capacity as administrator of the estate
of

decedent

Tocarious

Johnson.

"[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 ...."

28 U.S.C. § 1332(c)(2).

Because the

complaint does not adequately set forth the citizenship
of the decedent--for whom the complaint alleges only
residence,

not

citizenship--the

adequately

establish

the

complaint

does

for

court

ground

this

not
to

assume jurisdiction of this matter.
It is therefore the ORDER, JUDGMENT, and DECREE of
the

court

2023,

to

that

the

plaintiff

has

amend

the

complaint

to

until
allege

January

31,

jurisdiction

sufficiently; otherwise this lawsuit shall be dismissed
without prejudice.
DONE, this the 17th day of January, 2023.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE