National Cooperative Bank, N.A. f/k/a NCB, FSB v. Matthews

Filing 10

ORDER entered by Magistrate Judge Jonathan E. Hawley on 7/28/2017. 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 fourteen (14) days (8/14/2017) 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, 28 July, 2017 01:16:56 PM
Clerk, U.S. District Court, ILCD
IN THE
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
NATIONAL COOPERATIVE BANK,
N.A. f/k/a NCB, FSB,
Plaintiff,

Case No. 1:17-cv-01330-JES-JEH

v.
GARY MATTHEWS,
Defendant.

Order

The Plaintiff, National Cooperative Bank, filed its Amended Complaint on
July 27, 2017. (D. 8). 1 The Plaintiff’s Amended Complaint asserts diversity of
citizenship as the basis for the Court’s jurisdiction. Id. at pg. 1. 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).
The Plaintiff’s Amended Complaint now sufficiently alleges the citizenship
of the Plaintiff. The Amended Complaint, however, also alleges the citizenship of
the Defendant, in part, “on information and belief[.]” (D. 8 at pp. 1; 2). 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, L.P., 980 F.2d
1072, 1074 (7th Cir. 1992) (“to the best of my knowledge and belief” is insufficient
to invoke diversity jurisdiction); Page v. Wright, 116 F.2d 449, 451 (7th Cir. 1940)
(expressing serious doubts as to whether the record could be sustained in the face

1

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

1

of a direct jurisdictional attack where diversity jurisdiction was asserted, in part,
based upon information and belief). Accordingly, 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).

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 28, 2017
s/Jonathan E. Hawley
U.S. MAGISTRATE JUDGE

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