Jensen et al v. EMC Mortgage Corporation et al
Filing
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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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Plaintiff,
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vs.
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EMC Mortgage Corporation, Quality Loan)
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Service Corporation,
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Defendants.
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Lisa Jensen, et al.,
No. CV 11-8165-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, both Defendants (one is now dismissed) are corporations; thus they are
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citizens of their states of incorporation and its principal places of business. Hertz Corp. v.
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Friend, 130 S. Ct. 1181, 1192; - - - U.S. - - - (2010). While Plaintiff pleaded a principal
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place of business for each Defendant, it failed to plead a state of incorporation. Because
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Plaintiff failed to plead either state of incorporation, Plaintiff failed to allege diversity
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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.
DATED this 23rd day of November, 2011.
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