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,

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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. § 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