Bensenberg v. FCA US LLC

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 (8/22/2017) 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

Monday, 07 August, 2017 12:16:02 PM
Clerk, U.S. District Court, ILCD
IN THE
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
DONNA J. BENSENBERG,
Plaintiff,
v.

Case No. 4:17-cv-04213-SLD-JEH

CHRYSLER, d/b/a FIAT CHRYSLER
AUTOMOBILES US, LLC; DOES 1-100,
Defendants.

Order

The Plaintiff, Donna Bensenberg, filed her Complaint on August 4, 2017. (D.
1). 1 The Plaintiff’s Complaint asserts diversity of citizenship as the basis for the
Court’s jurisdiction. Id. at pg. 4. 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).
First, parties asserting diversity jurisdiction based on parties hailing from different
states must allege the citizenship of each party. See Held v. Held, 137 F.3d 998 (7th
Cir.1998); Pollution Control Indus. of Am., Inc. v. Van Gundy, 21 F.3d 152, 155 (7th
Cir.1994).

The Plaintiff’s allegations re herself and Defendant, Does 1-100, are

insufficient to establish diversity of citizenship. The Court notes that 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

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

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(7th Cir.2000); see also Page v. Wright, 116 F2d 449, 451 (7th Cir. 1940) (“[i]n federal law
citizenship means domicile, not residence”).

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, Fiat Chrysler Automobiles US, 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 August 7, 2017
s/Jonathan E. Hawley
U.S. MAGISTRATE JUDGE

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