Continental Vineyard LLC et al v. Vinifera Wine Co., LLC et al

Filing 7

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 5/9/2012:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CONTINENTAL VINEYARD LLC,
etc., et al.,
Plaintiffs,
v.
VINIFERA WINE CO., LLC,
etc., et al.,
Defendants.

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No.

12 C 3375

MEMORANDUM ORDER
This action by two limited liability companies engaged in
the production and marketing of wine charges Randy Dzierzawski
(“Dzierzawski”) and his competing winery with breaches of
fiduciary relationships running to plaintiffs.

Because federal

subject matter jurisdiction is invoked in diversity-ofcitizenship terms, plaintiffs’ counsel must cure one gaffe in the
Complaint.
Complaint ¶¶4 through 7 properly speak to the relevant
states of citizenship of the three limited liability company
litigants:

two plaintiff companies and a defendant company.

But

Complaint ¶8 erroneously refers to Dzierzawski’s Michigan
residence, not to his state of citizenship.

In that circumstance

our Court of Appeals has said repeatedly that “the district court
must dismiss the suit” (see, e.g., Adams v. Catrambone, 359 F.3d
858, 861 n.3 (7th Cir. 2004)).
This Court is loath to act in such Draconian fashion,

especially because a person’s residence and his or her state of
citizenship so frequently (though not always) coincide.
Accordingly this Court is contemporaneously issuing its customary
initial scheduling order--but if plaintiffs fail to cure the flaw
identified here on or before May 18, 2012 this Court will be
constrained to comply with the Adams mandate.

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

May 9, 2012

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