Lexington Insurance Company v. Scott Homes Multifamily Incorporated et al

Filing 19

ORDER that by December 19, 2012, Plaintiff shall file a supplement to the 1 complaint fully alleging federal subject matter jurisdiction, or this case will be dismissed, without prejudice, for lack of federal subject matter jurisdiction. Signed by Judge James A Teilborg on 11/27/12. (DMT)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 ) ) ) Plaintiff, ) ) vs. ) ) Scott Homes Multifamily, Inc., Silverbell) ) 290 Limited Partnership, ) ) Defendants. ) ) Lexington Insurance Company, No. CV 12-2119-PHX-JAT ORDER 16 “Inquiring whether the court has jurisdiction is a federal judge’s first duty in every 17 case.” Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th 18 Cir. 2003). In this case, the complaint fails to sufficiently plead jurisdiction. 19 First, the complaint cites 28 U.S.C. §§ 2201-2202 as a basis for jurisdiction. 20 However, the Declaratory Judgment Act is not a basis for jurisdiction; thus, the complaint 21 must establish a basis for federal subject matter jurisdiction independent from the 22 Declaratory Judgment Act. Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 672-674 23 (1950). Second, the complaint cites 28 U.S.C. § 1335, which is the interpleader statute. 24 However, nothing in the complaint suggests Plaintiff is attempting to interplead funds with 25 the Court. 26 Finally, the complaint cites 28 U.S.C. § 1332, diversity jurisdiction. However, the 27 complaint fails to plead the citizenship of Defendant Scott Homes, Inc. See Hertz Corp. v. 28 Friend, 130 S. Ct. 1181, 1192; - - - U.S. - - - (2010) (discussing the citizenship of a 1 corporation). It also fails to plead the citizenship of Defendant Silverbell 290 Limited 2 Partnership. See Carden v. Arkoma Associates, 494 U.S. 185, 195-96 (1990) (discussing the 3 citizenship of limited partnerships). The complaint also fails to plead the citizenship of 4 Timberline Village Corporation. See Hertz Corp., 130 S. Ct. at 1192 (discussing the 5 citizenship of a corporation). 6 Based on the foregoing, 7 IT IS ORDERED that by December 19, 2012, Plaintiff shall file a supplement to the 8 complaint fully alleging federal subject matter jurisdiction, or this case will be dismissed, 9 without prejudice, for lack of federal subject matter jurisdiction. 10 DATED this 27th day of November, 2012. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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