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, )

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