Nelson v. Horner et al
Filing
4
ORDER entered by Magistrate Judge Jonathan E. Hawley on 7/14/2017. 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 (7/31/2017) 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, 14 July, 2017 10:40:10 AM
Clerk, U.S. District Court, ILCD
IN THE
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
RACHEL NELSON,
Plaintiff,
v.
Case No. 4:17-cv-04176-SLD-JEH
CASEY HORNER;
SOLUTIONSMOTIONS, INC.; NELS
PETER CHRISTENSEN; and
THOMPSON LEASING, LLC,
Defendants.
Order
The Plaintiff, Rachel Nelson, filed her Complaint on July 13, 2017. (D. 1). 1
The Plaintiff’s Complaint asserts diversity of citizenship as the basis for the Court’s
jurisdiction. Id. at pg. 2. 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).
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 of a direct jurisdictional attack where diversity jurisdiction was
asserted, in part, based upon information and belief). The Plaintiff asserts multiple
1
Citations to the Docket in this case are abbreviated as “D. __.”
1
allegations “upon information and belief[]” as the basis for the Court’s jurisdiction.
(D. 1 at pg. 2). Accordingly, the Plaintiff’s Complaint is not sufficient to invoke
diversity jurisdiction.
Additionally, 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 Thompson Leasing, 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
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 14, 2017
s/Jonathan E. Hawley
U.S. MAGISTRATE JUDGE
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