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
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