National Trust Insurance Company v. Macon GC, LLC et al

Filing 2

ORDER re subject matter jurisdiction. Amended complaint due by 9/22/2017. See written Order. Entered by Magistrate Judge Jonathan E. Hawley on 9/8/2017. (KZ, ilcd)

E-FILED

Friday, 08 September, 2017 09:59:25 AM
Clerk, U.S. District Court, ILCD

IN THE
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
NATIONAL TRUST INSURANCE
COMPANY,
Plaintiff,

Case No. 1:17-cv-01408-JES-JEH

v.
MACON GC, LLC d/b/a MACON
GENERAL CONTRACTORS; and
WESTCHESTER FIRE INSURANCE
COMPANY,
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 Court may sua sponte raise the issue of federal subject matter
jurisdiction. Tylka v. Gerber Prod. Co., 211 F.3d 445, 447 (7th Cir. 2000) (citations
omitted). The Complaint alleges the following information about the parties.
Plaintiff National Trust is an insurance company organized and existing under
the laws of the State of Indiana with its principal place of business in Sarasota,
Florida.

Defendant Macon GC, LLC d/b/a Macon General Contractors is a

company organized and existing under the laws of the State of Illinois with its
principal place of business in Bradford, Stark County, Illinois.

Defendant

Westchester Fire Insurance Company is an insurance company existing under
the laws of the State of Pennsylvania with its principal place of business in
Philadelphia, Pennsylvania.
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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). Thus, the Court must know the identity of each member of
Defendant Macon GC, LLC d/b/a Macon General Contractors, as well as each
member’s citizenship. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir.
2007).

If applicable, the Court must also know each member’s members’

citizenship. Id.
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) (“[L]eave to amend defective allegations of
subject matter jurisdiction should be freely given”). 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
(fourteen) days of this date.
It is so ordered.
Entered on September 8, 2017.

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

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