State Farm Fire & Casualty Company v. Isaacs, et al.
Filing
6
ORDER directing that the plaintiff has until May 12, 2014, to amend the 1 complaint to allege jurisdiction sufficiently, as further set out. Signed by Honorable Judge Myron H. Thompson on 5/8/14. (scn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
STATE FARM FIRE AND
CASUALTY COMPANY,
)
)
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
MICHAEL ISAACS and
CHRISTOPHER JOHNSON,
Defendants.
CIVIL ACTION NO.
3:14cv304-MHT
(WO)
ORDER
The
allegations
insufficient
to
of
the
invoke
citizenship jurisdiction.
plaintiff's
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
28 U.S.C. ยง 1332.
plaintiff's
complaint
fails
to
meet
this
standard. The complaint gives the "residence" rather than
the
"citizenship"
of
defendant
Michael
Issacs.
An
allegation that a party is a "resident" of a State is not
sufficient to establish that a party is a "citizen" of
that State.
Delome v. Union Barge Line Co., 444 F.2d 225,
233 (5th Cir.), cert. denied, 404 U.S. 995 (1971).
***
It is therefore the ORDER, JUDGMENT, and DECREE of the
court that the plaintiff has until May 12, 2014, to amend
the
complaint
otherwise
this
to
allege
lawsuit
jurisdiction
shall
be
sufficiently;
dismissed
prejudice.
DONE, this the 8th day of May, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
without
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