Johnston v. U-Haul International, Inc. et al
OPINION AND ORDER directing as follows: (1) The 116 consent motion to substitute parties is granted; (2) Sovran Holdings, Inc. is dismissed without prejudice; (3) Sovran Acquisition Limited Partnershipd d/b/a Uncle Bob's Self Storage is substituted for Sovran Holdings, Inc. as a defendant; (4) Plaintiff is to file an amended complaint, that meets the requirements of this order, by no later than January 24, 2013. Signed by Honorable Judge Myron H. Thompson on 1/17/13. (scn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
Individually and as Next
Friend and Legal Guardian
of H.M.W., a minor child,
U-HAUL INTERNATIONAL, INC., )
a Corporation, et al.,
CIVIL ACTION NO.
OPINION AND ORDER
This lawsuit is before the court on a consent motion
to substitute parties, which would in effect amend the
complaint in this case to substitute a party.
First, an amended pleading must comply fully with
original of the amendment to the motion.
to a pleading, document or other papers, whether filed as
a matter of course or upon a motion to amend, must,
except by leave of Court, reproduce the entire pleading,
incorporate any prior pleading, document or other papers
A failure to comply with this rule is not
grounds for denial of the motion.”) (emphasis added).
Therefore, the plaintiff must file an amended complaint
reflecting the substitution.
Second, the allegations of the proposed complaint
must be sufficient to invoke the original basis for this
court's jurisdiction: 28 U.S.C. § 1332 (diversity of
citizenship). To invoke jurisdiction based on diversity,
a complaint must distinctly and affirmatively allege each
McGovern v. American Airlines,
Inc., 511 F. 2d 653, 654 (5th Cir. 1975) (per curiam).
The allegations must show that the citizenship of each
plaintiff is different from that of each defendant.
U.S.C. § 1332.
The proposed complaint must therefore
indicate the citizenship of proposed defendant Sovran
Acquisition Limited Partnership.
Because this entity is
citizenship of the individual partners, both general and
limited, see Carden v. Arkoma Associates, 494 U.S. 185
different from that of the plaintiff.
Accordingly, it is the ORDER, JUDGMENT, and DECREE of
the court as follows:
(1) The consent motion to substitute parties (doc.
no. 116) is granted.
(3) Sovran Acquisition Limited Partnershipd d/b/a
Holdings, Inc. as a defendant.
(4) Plaintiff is to file an amended complaint, that
meets the requirements of this order, by no later than
January 24, 2013.
DONE, this the 17th day of January, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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