National Fire Insurance Company of Hartford et al v. James River Insurance

Filing 9

ORDER - By 5/7/2014, Plaintiffs shall file an Amended Complaint properly alleging federal subject matter jurisdiction or this case will be dismissed without prejudice. Signed by Senior Judge James A Teilborg on 4/23/2014. (TLB)

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

National Fire Insurance Co. of Hartford;)
)
Sigma Contracting Inc.,
)
)
Plaintiffs,
)
)
vs.
)
)
)
James River Insurance,
)
)
Defendant.
)
)

No. CV 14-765-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, Plaintiffs fail to allege the principal place of business of all parties

19

for purposes of establishing diversity jurisdiction. See Hertz Corp. v. Friend, 559 U.S. 77,

20

80, 92-93 (2010) (discussing the citizenship of a corporation).

21

Additionally, in the section discussing the “parties,” Plaintiffs attempt1 to allege the

22

citizenship of Quik Flush Plumbing, LLC. Doc. 1 at 2. However, Quik Flush is not named

23

as a “party” in the caption of the Complaint; therefore, it is unclear to the Court whether it

24

was intended to be a party.

25

Based on the foregoing,

26
27
1

28

See Johnson v. Columbia Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir.
2006) (discussing the citizenship of limited liability companies).

1

IT IS ORDERED that by May 7, 2014, Plaintiffs shall file an Amended Complaint

2

properly alleging federal subject matter jurisdiction or this case will be dismissed without

3

prejudice.

4

DATED this 23rd day of April, 2014.

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-