Engles v. Sherman Hospital

Filing 5

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 1/10/2012:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MICHAEL C. ENGLES,
Plaintiff,
v.
SHERMAN HOSPITAL,
Defendant.

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No.

12 C 70

MEMORANDUM ORDER
Michael Engles (“Engles”) has just brought a personal injury
Complaint against Sherman Hospital (“Hospital”), seeking to
invoke federal jurisdiction on diversity grounds under 28 U.S.C.
§1332(a).1

But although Engles’ counsel has properly identified

the Hospital’s dual corporate citizenship under Section
1332(c)(1)(see Complaint ¶6), Complaint ¶3 speaks only of Engles’
Oklahoma residence rather than his state of citizenship.
Under such circumstances our Court of Appeals has taught in
such cases as Adams v. Catrambone, 359 F.3d 858, 861 n.3 (7th
Cir. 2004) that “when the parties allege residence but not
citizenship, the district court must dismiss the suit.”

But this

Court has no desire to pursue that Draconian course, given what
would seem to be the probability that Oklahoma is Engles’ state
of citizenship as well as his residence.
Accordingly Engles is granted leave to file an appropriate

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All further references to Title 28’s provisions will
simply take the form “Section--.”

amendment to his Complaint (not a full-blown Amended Complaint)
on or before January 19, 2012, failing which this Court would
indeed be constrained to dismiss this action for lack of subject
matter jurisdiction.

Because of the seeming likelihood that the

present flaw can be cured, this Court is contemporaneously
issuing its customary initial scheduling order.

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

January 10, 2012

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