Campbell v. Wachovia Mortgage Corporation

Filing 5

ORDER that this case is dismissed, without prejudice, for lack of federal subject matter jurisdiction and the Clerk of the Court shall enter judgment accordingly. Signed by Judge James A Teilborg on 12/20/11. (TLJ)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Henry Campbell,
Plaintiff,

10
11

vs.

12
Wachovia Mortgage Corporation,
13
Defendant.
14

)
)
)
)
)
)
)
)
)
)
)
)

No. CV 11-1763-PHX-JAT
ORDER

15
16

On November 23, 2011, the Court issued the following order:

17

“Inquiring whether the court has jurisdiction is a federal judge’s first duty
in every case.” Belleville Catering Co. v. Champaign Market Place, L.L.C.,
350 F.3d 691, 693 (7th Cir. 2003). In this case, the Complaint pleads
jurisdiction based on 28 U.S.C. § 1332, which is diversity. However, the
Complaint fails to adequately allege the citizenship of the parties such that this
Court can independently assess its jurisdiction.
Specifically, the Defendant is a corporation; thus it is a citizen of its state
of incorporation and its principal place of business. Hertz Corp. v. Friend, 130
S. Ct. 1181, 1192; - - - U.S. - - - (2010). Because Plaintiff failed to plead
either of these locations for Defendant, Plaintiff failed to allege diversity
jurisdiction. Therefore,
IT IS ORDERED that by December 19, 2011, Plaintiff shall file an
amended complaint properly alleging federal subject matter jurisdiction, or this
case will be dismissed, without prejudice.

18
19
20
21
22
23
24

Plaintiff failed to file and amended complaint as required by the November 23, 2011

25
26

Order. Therefore,

27

///

28

///

1
2
3

IT IS ORDERED that this case is dismissed, without prejudice, for lack of federal
subject matter jurisdiction and the Clerk of the Court shall enter judgment accordingly.
DATED this 20th day of December, 2011.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-