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, )

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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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