Coon et al v. Wyeth

Filing 11

OPINION AND ORDER DISMISSING CASE without prejudice. Signed by Judge Robert L Miller, Jr on 09/16/2009. (rmn) Modified on 9/18/2009 to reflect opinion (rmn). [Transferred from innd on 11/3/2009.]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION SHAROON COON and CHARLES COON, Plaintiffs vs. WYETH d/b/a WYETH, INC., WYETH PHARMACEUTICALS, WYETH LABORATORIES, INC., and WYETH-AYERST PHARMACEUTICALS, INC., Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) )

CAUSE NO. 2:09-CV-254 RM

OPINION and ORDER The court has the obligation to inquire into its own subject matter jurisdiction. Craig v. Ontario Corp., 543 F.3d 872, 875 (7th Cir. 2008). The plaintiffs' amended complaint does not sufficiently allege the existence of jurisdiction. Plaintiffs filed their original complaint on August 21, 2009 [Doc. No. 1]. The court found their complaint failed to sufficiently allege the existence of jurisdiction pursuant to 28 U.S.C. § 1332, explained its reasons for so finding, and granted plaintiffs 20 days to amend their complaint. [Doc. No. 4]. Plaintiffs have since filed an amended complaint [Doc. No. 6], which contains two of the three same jurisdictional deficiencies noted in the court's previous opinion and order (citizenship of plaintiffs and defendants).

Without a sufficient showing of diversity jurisdiction under 28 U.S.C. § 1332 this court doesn't have the power to hear this case and must dismiss it. FED. R. CIV. P. 12(h)(3); Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Accordingly, this case is DISMISSED in its entirety, without prejudice. SO ORDERED. ENTERED: September 16, 2009 /s/ Robert L. Miller, Jr. Chief Judge United States District Court

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