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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Scott Homes Multifamily, Inc., Silverbell)
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290 Limited Partnership,
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Defendants.
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Lexington Insurance Company,

No. CV 12-2119-PHX-JAT
ORDER

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“Inquiring whether the court has jurisdiction is a federal judge’s first duty in every

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case.” Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th

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Cir. 2003). In this case, the complaint fails to sufficiently plead jurisdiction.

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First, the complaint cites 28 U.S.C. §§ 2201-2202 as a basis for jurisdiction.

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However, the Declaratory Judgment Act is not a basis for jurisdiction; thus, the complaint

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must establish a basis for federal subject matter jurisdiction independent from the

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Declaratory Judgment Act. Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 672-674

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(1950). Second, the complaint cites 28 U.S.C. § 1335, which is the interpleader statute.

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However, nothing in the complaint suggests Plaintiff is attempting to interplead funds with

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the Court.

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Finally, the complaint cites 28 U.S.C. § 1332, diversity jurisdiction. However, the

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complaint fails to plead the citizenship of Defendant Scott Homes, Inc. See Hertz Corp. v.

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Friend, 130 S. Ct. 1181, 1192; - - - U.S. - - - (2010) (discussing the citizenship of a

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corporation). It also fails to plead the citizenship of Defendant Silverbell 290 Limited

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Partnership. See Carden v. Arkoma Associates, 494 U.S. 185, 195-96 (1990) (discussing the

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citizenship of limited partnerships). The complaint also fails to plead the citizenship of

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Timberline Village Corporation. See Hertz Corp., 130 S. Ct. at 1192 (discussing the

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citizenship of a corporation).

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Based on the foregoing,

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IT IS ORDERED that by December 19, 2012, Plaintiff shall file a supplement to the

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complaint fully alleging federal subject matter jurisdiction, or this case will be dismissed,

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without prejudice, for lack of federal subject matter jurisdiction.

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DATED this 27th day of November, 2012.

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