Lee et al v. International Business Machines Corporation et al

Filing 5

ORDER, JUDGMENT, and DECREE of the court that the plfs have until 2/28/2014, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 2/18/2014. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION WILLIAM M. LEE, as Administrator of the Estate of Kimberly Renee Tucker Lee, Deceased, and ALFA INSURANCE CORPORATION, Plaintiffs, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:14cv78-MHT (WO) ORDER The allegations insufficient to of the invoke citizenship jurisdiction. plaintiffs’ this court's complaint are diversity-of- The allegations must show that the citizenship of each plaintiff is different from that of each defendant. The standard. 28 U.S.C. § 1332. plaintiffs’ complaint fails to meet this The plaintiff William M. Lee has sued in his capacity as personal representative for the estate of the decedent. "[T]he legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent ...." 28 U.S.C. § 1332(c)(2). Because the complaint does not set forth the citizenship of the decedent, the complaint does not adequately establish the ground for this court to assume jurisdiction of this matter. *** It is therefore the ORDER, JUDGMENT, and DECREE of the court that the plaintiffs have until February 28, 2014, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed prejudice. DONE, this the 18th day of February, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE without

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