U.S. Bancorp Equipment Finance, Inc. v. R & R Freight Company, Inc. et al

Filing 3

ORDERED that the plaintiff has until 6/14/05 to amend the complaint to allege jurisdiction sufficiently; otherwise, this lawsuit shall be dismissed without prejudice. Signed by Judge Myron H. Thompson on 5/31/05. (sl, )

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U.S. Bancorp Equipment Finance, Inc. v. R & R Freight Company, Inc. et al Doc. 3 Case 3:05-cv-00481-MHT-CSC Document 3 Filed 05/31/2005 Page 1 of 2 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION U.S. BANCORP EQUIPMENT FINANCE, INC., a corporation, Plaintiff, v. R & R FREIGHT COMPANY, INC., a corporation, and WILLIAM A. ROBERTS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER CIVIL ACTION NO. 3:05cv481-T (WO) The allegations of the plaintiff's complaint are insufficient to invoke this court's diversity-of-citizenship j u r i s d iction. The allegations must show that the citizenship of each plaintiff is different from that of each defendant. 28 U.S.C.A. 1332. The plaintiff's complaint fails to meet this standard. The complaint gives of the "residence" William rather A. than the An " c i t izenship" defendant Roberts. allegation that a party is a "resident" of a State is not Dockets.Justia.com Case 3:05-cv-00481-MHT-CSC Document 3 Filed 05/31/2005 Page 2 of 2 sufficient to establish that a party is a "citizen" of that State. Delome v. Union Barge 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 June 14, 2005, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. DONE, this the 31st day of May, 2005. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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