Johnston v. U-Haul International, Inc. et al

Filing 118

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, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION TAMMY JOHNSTON, Individually and as Next Friend and Legal Guardian of H.M.W., a minor child, ) ) ) ) ) Plaintiff, ) ) v. ) ) U-HAUL INTERNATIONAL, INC., ) a Corporation, et al., ) ) Defendants. ) CIVIL ACTION NO. 3:11cv981-MHT (WO) 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. The proposed two amendment is inadequate in, at least, respects. First, an amended pleading must comply fully with M.D. Ala., pleading, LR 15.1 document (“A or party other who papers moves shall original of the amendment to the motion. to amend attach a the Any amendment 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, document or other papers as amended, and may not incorporate any prior pleading, document or other papers by reference. 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 party's citizenship. 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. 28 The proposed complaint must therefore indicate the citizenship of proposed defendant Sovran 2 Acquisition Limited Partnership. a partnership, the Because this entity is complaint must indicate the citizenship of the individual partners, both general and limited, see Carden v. Arkoma Associates, 494 U.S. 185 (1990), and must indicate that their citizenship is 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. (2) Sovran Holdings, Inc. is dismissed without prejudice. (3) Sovran Acquisition Limited Partnershipd d/b/a Uncle Bob’s Self Storage is Holdings, Inc. as a defendant. 3 substituted for Sovran (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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