Fiems v. Stevenson et al

Filing 3

ORDER entered by Magistrate Judge Jonathan E. Hawley on 6/14/2017. 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 (6/29/2017) 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

Wednesday, 14 June, 2017 01:21:50 PM
Clerk, U.S. District Court, ILCD

IN THE
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
CHRIS FIEMS, Individually, and as
Father and Next Friend of E.J.M.F., a
Minor,
Plaintiff,

Case No. 4:17-cv-04154-SLD-JEH

v.
JASON M. STEVENSON and
PATRICIA J. STEVENSON,
Defendants.
Order
The Plaintiff, Chris Fiems, filed a Complaint on June 13, 2017 against the
Defendants, Jason M. Stevenson and Patricia J. Stevenson. (D. 1). 1 The Plaintiff’s
Complaint asserts diversity of citizenship as a basis of this Court’s jurisdiction. (D. 1
at pg. 1). 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). Here,
the Plaintiff alleges the parties are all a “resident” of a particular state. Id. The Seventh
Circuit has repeatedly warned that an allegation of residency is insufficient to invoke
federal subject matter jurisdiction. See, e.g., Tylka v. Gerber Prods. Co., 211 F.3d 445, 448
(7th Cir.2000); see also Page v. Wright, 116 F2d 449, 451 (7th Cir. 1940) (“[i]n federal
law citizenship means domicile, not residence”).

Parties asserting diversity

jurisdiction based on parties hailing from different states must allege the citizenship
of each party, not the residence. See Held v. Held, 137 F.3d 998 (7th Cir.1998); Pollution

1

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

1

Control Indus. of Am., Inc. v. Van Gundy, 21 F.3d 152, 155 (7th Cir.1994). The Plaintiff’s
allegations asserting residence are insufficient to establish diversity of citizenship
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 June 14, 2017.

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

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