The Cincinnati Insurance Company v. Estep et al
Filing
3
ORDER entered by Magistrate Judge Jonathan E. Hawley on 7/7/2017. 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 58 9, 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 (7/24/2017) 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.(RT, ilcd)
E-FILED
Friday, 07 July, 2017 10:40:21 AM
Clerk, U.S. District Court, ILCD
IN THE
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
CINCINNATI INSURANCE
COMPANY,
Plaintiff,
Case No. 1:17-cv-01317-JES-JEH
v.
LAWRENCE ESTEP and BRANSON’S
NANTUCKETT, LLC.,
Defendants.
Order
The Plaintiff, Cincinnati Insurance Company, filed its Complaint on July 6,
2017. (D. 1). 1 The Plaintiff’s Complaint asserts diversity of citizenship as the basis
for the Court’s jurisdiction. Id. at pg. 3. The allegations of the Complaint are
insufficient 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).
For diversity purposes, the citizenship 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 Plaintiff’s complaint does not identify the members of the
Defendant LLC or allege the citizenship of those members.
Therefore, the
Plaintiff’s complaint is insufficient 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
1
Citations to the Docket in this case are abbreviated as “D. __.”
1
Wis., 979 F.2d 589, 595 (7th Cir. 1992)(“leave to amend defective allegations of
subject matter jurisdiction should be freely given”)(citations omitted).
The
Plaintiff is directed to file an amended complaint that adequately alleges the
factual basis for this Court’s jurisdiction. 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 this Court’s jurisdiction.
It is so ordered.
Entered on July 7, 2017
s/Jonathan E. Hawley
U.S. MAGISTRATE JUDGE
2
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