Wingmen V, LLC v. TwoPutt, Inc et al

Filing 5

ORDER entered by Magistrate Judge Jonathan E. Hawley on 4/13/2017. The Court may grant leave to amend defective allegations of subject matter jurisdiction pursuant to 28 U.S.C. § 1653. See also, Leaf v. Supreme Court of State of Wis., 979 F.2d 5 89, 595 (7th Cir. 1992) ("leave to amend defective allegations of subject matter jurisdiction should be freely given") (citations omitted). Accordingly, it is hereby ORDERED that the Plaintiff file an Amended Complaint not later than fourte en (14) days (4/28/2017) from the date of entry of this Order. In the Amended Complaint, the Plaintiff shall properly allege the basis for the Court's jurisdiction. See full written Order. Entered by Magistrate Judge Jonathan E. Hawley on 04/13/17. (RT, ilcd)

E-FILED

Thursday, 13 April, 2017 10:39:12 AM
Clerk, U.S. District Court, ILCD

IN THE
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
WINGMEN V, LLC,
Plaintiff,
v.

Case No. 1:17-cv-01149-JES-JEH

TWOPUTT, INC.; FOURPUTT, INC;
FIVEPUTT, INC; SIXPUTT, INC;
EIGHTPUTT, INC; NINEPUTT, INC:
BWW of Peoria, LLC; BWW of
Springfield, LLC; BWW of QUINCY,
LLC; BWW of FORSYTH, LLC; BWW
of PERU, LLC; and BWW of NORTH
SPRINGFIELD, LLC,
Defendants.
Order
The Plaintiff, Wingmen V, LLC, filed a Complaint on April 11, 2017 (D. 1) 1,
including Defendants TwoPutt, Inc., FourPutt, Inc., FivePutt, Inc., SixPutt, Inc.,
EightPutt, Inc., NinePutt, Inc., BWW of Peoria, LLC, BWW of Springfield, LLC, BWW
of Quincy, LLC, BWW of Forsyth, LLC, BWW of Peru, LLC, and BWW of North
Springfield, LLC. The Plaintiff’s Complaint asserts diversity of citizenship as a basis
of this Court’s subject matter jurisdiction.

Id. at pg. 3.

The allegations of the

Complaint are not sufficient to support that assertion.
The court may sua sponte raise the issue of federal subject matter jurisdiction.
Tylka v. Gerber Products Co., 211 F.3d 445, 447 (7th Cir. 2000) (citations omitted).
Citizenship for diversity purposes of a limited liability company is the citizenship of each
of its members. Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006). The
1

Citations to the Docket in this case are abbreviated as “D. __.”

1

Plaintiff’s complaint does not identify the members of any of the LLCs or allege the
citizenship of those members. Therefore, the Plaintiff’s complaint is not sufficient to
invoke diversity jurisdiction.
The Court may grant leave to amend defective allegations of subject matter
jurisdiction pursuant to 28 U.S.C. § 1653. See also, Leaf v. Supreme Court of State of Wis.,
979 F.2d 589, 595 (7th Cir. 1992) (“leave to amend defective allegations of subject
matter jurisdiction should be freely given”) (citations omitted). Accordingly, it is
hereby ORDERED that the Plaintiff file an Amended Complaint not later than
fourteen (14) days from the date of entry of this Order. In the Amended Complaint,
the Plaintiff shall properly allege the basis for the Court’s jurisdiction.
It is so ordered.
Entered on April 13, 2017.

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

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