Knight v. Bayer Corporation

Filing 3

ORDER, JUDGMENT and DECREE of the court that the plf amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice; Amended Pleadings due by 5/27/2005. Signed by Judge Myron H. Thompson on 5/20/05. (djy, )

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Knight v. Bayer Corporation Doc. 3 Case 3:05-cv-00453-MHT-VPM Document 3 Filed 05/20/2005 Page 1 of 2 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION MARY J. KNIGHT, Plaintiff, v. BAYER CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:05cv453-T (WO) ORDER The allegations of the plaintiff's complaint are insufficient to invoke this court's diversity-of-citizenship jurisdiction. The allegations must show that the citizenship of each plaintiff is different from that of each defendant. The The 28 U.S.C.A. 1332. plaintiff's complaint fails to meet this standard. gives the "residence" rather than the complaint "citizenship" of plaintiff. An allegation that a party is a "resident" of a State is not sufficient to establish that a party is a "citizen" of that State. Delome v. Union Barge Dockets.Justia.com Case 3:05-cv-00453-MHT-VPM Document 3 Filed 05/20/2005 Page 2 of 2 Line Co., 444 F.2d 225, 233 (5th Cir.), cert. denied, 404 U.S. 995, 92 S.Ct. 534 (1971). It is therefore the ORDER, JUDGMENT, and DECREE of the court that the plaintiff has until May 27, 2005, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. DONE, this the 20th day of May, 2005. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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