Penn-Star Insurance Company v. Bellevue Plaza Inc. et al

Filing 2

ORDER re Complaint. See Written Order. Entered by Magistrate Judge Jonathan E. Hawley on 8/11/2015. (KZ, ilcd)

E-FILED

Tuesday, 11 August, 2015 11:08:51 AM
Clerk, U.S. District Court, ILCD

IN THE
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
PENN-STAR INSURANCE
COMPANY,
Plaintiff,

Case No. 1:15-cv-01321-JES-JEH

v.
BELLEVUE PLAZA INC., STEPHEN
W. HEUERMANN, and EUGENE
HEUERMANN,
Defendants.
Order

The Plaintiff’s Complaint (Doc. 1) asserts diversity of citizenship as the
basis of the Court’s subject matter jurisdiction. The allegations of the Complaint
do not sufficiently support that assertion.
The Complaint alleges the following information about the parties. The
Plaintiff is a corporation organized under the laws of the State of Pennsylvania
with its principal place of business in Pennsylvania. Defendants Stephen and
Eugene Heuermann, upon information and belief, are residents of Peoria,
Illinois. Defendant Bellevue Plaza, upon information and belief, is a corporation
organized under the laws of the State of Illinois with its principal place of
business in Illinois.
First, asserting jurisdiction on the basis of “information and belief” is
insufficient to invoke diversity jurisdiction. America’s Best Inns, Inc v Best Inns of
Abilene, LP, 980 F2d 1072, 1074 (7th Cir 1992) (“to the best of my knowledge and
belief” is insufficient to invoke diversity jurisdiction); Page v Wright, 116 F2d 449,
451 (7th Cir 1940) (expressing serious doubts as to whether the record could be
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sustained in the face of a direct jurisdictional attack where diversity jurisdiction
was asserted, in part, based upon information and belief).
Second, the citizenship of an individual is based upon domicile, not on
residence. America’s Best Inns, Inc, 980 F2d at 1074 (7th Cir 1992).
Accordingly, the Plaintiff is directed to file an amended complaint that
adequately alleges the factual basis for this Court’s jurisdiction. The amended
complaint shall be filed within 14 days of this date.
It is so ordered.
Entered on August 11, 2015.

s/Jonathan E. Hawley
U.S. MAGISTRATE JUDGE

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