Reynolds v. CB Sports Bar, Inc. et al

Filing 7

MEMORANDUM AND OPINION that plaintiff amend complaint to correct jurisdictional defect. Signed by Judge J. Phil Gilbert on 10/26/07. (dka, )

Reynolds v. CB Sports Bar, Inc. et al

Doc. 7

Case 3:07-cv-00754-JPG-CJP

Document 7

Filed 10/26/2007

Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS LORETTA REYNOLDS, Plaintiff, v. CB SPORTS BAR, INC., BRENDA L. RUSSELL and CASEY CARSON, Defendants. Case No. 07-cv-754-JPG

MEMORANDUM AND ORDER
In light of Seventh Circuit admonitions, see, e.g., America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072 (1992), the Court has undertaken a rigorous initial review of pleadings to ensure that jurisdiction has been properly pled. The Court has noted the following defect in the jurisdictional allegations of the Complaint (Doc. 3) filed by plaintiff Loretta Reynolds: · Failure to allege the citizenship of an individual. A complaint asserting diversity jurisdiction must allege the citizenship of an individual defendant, not merely residence. 28 U.S.C. § 1332(a)(1); Meyerson v. Harrah's East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002); Held v. Held, 137 F.3d 998, 1000 (7th Cir. 1998). Allegations of "residence" are jurisdictionally insufficient. Steigleder v. McQuesten, 198 U.S. 141 (1905). Dismissal is appropriate where parties allege residence but not citizenship. Held, 137 F.3d at 1000. The plaintiff's complaint alleges only the residence of the two individual defendants, not their citizenship. The Court hereby ORDERS that the plaintiff shall have up to and including November 9, 2007, to amend the faulty pleading to correct the jurisdictional defect. Failure to amend the faulty pleading may result in dismissal of this case for lack of subject matter jurisdiction or for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Amendment of the faulty pleading to reflect an adequate basis for subject matter jurisdiction will satisfy this order. The plaintiff is directed to consult Local Rule 15.1 regarding amended pleadings and need not seek leave of Court to file such amended pleading. IT IS SO ORDERED. DATED: October 26, 2007

s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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