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, )

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.

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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