Jensen et al v. EMC Mortgage Corporation 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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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. ) ) EMC Mortgage Corporation, Quality Loan) ) Service Corporation, ) ) Defendants. ) ) Lisa Jensen, et al., No. CV 11-8165-PCT-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 pleads jurisdiction based on 28 U.S.C. § 1332, which 19 is diversity. However, the Complaint fails to adequately allege the citizenship of the parties 20 such that this Court can independently assess its jurisdiction. 21 Specifically, both Defendants (one is now dismissed) are corporations; thus they are 22 citizens of their states of incorporation and its principal places of business. Hertz Corp. v. 23 Friend, 130 S. Ct. 1181, 1192; - - - U.S. - - - (2010). While Plaintiff pleaded a principal 24 place of business for each Defendant, it failed to plead a state of incorporation. Because 25 Plaintiff failed to plead either state of incorporation, Plaintiff failed to allege diversity 26 jurisdiction. Therefore, 27 IT IS ORDERED that by December 19, 2011, Plaintiff shall file an amended 28 complaint properly alleging federal subject matter jurisdiction or this case will be dismissed, 1 2 without prejudice. DATED this 23rd day of November, 2011. 3 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-

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