Travelers Property Casualty Company of America v. Zurich American Insurance Company et al

Filing 16

ORDER 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. Signed by Judge James A Teilborg on 11/23/11. (ESL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Travelers Property Casualty Company of)
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America,
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Plaintiff,
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vs.
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Zurich American Insurance Company;)
National Union Fire Insurance Company)
of Pittsburgh, PA; Farm Bureau Property)
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& Casualty Insurance Company,
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Defendants.
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)

No. CV 11-8151-PCT-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 pleads jurisdiction based on 28 U.S.C. § 1332, which

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is diversity. However, the Complaint fails to adequately allege the citizenship of the parties

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such that this Court can independently assess its jurisdiction.

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Specifically, Plaintiff is a corporation; thus it is a citizen of its state of incorporation

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and its principal place of business. Hertz Corp. v. Friend, 130 S. Ct. 1181, 1192; - - - U.S. -

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- - (2010). While Plaintiff pleaded a state of incorporation and principal place of business

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for each Defendant, it failed to do so for itself. Because Plaintiff failed to plead these

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locations for itself, Plaintiff failed to allege diversity jurisdiction. Therefore,

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IT IS ORDERED that by December 19, 2011, Plaintiff shall file an amended

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

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without prejudice.

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DATED this 23rd day of November, 2011.

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