Korte v. Westfall

Filing 9

MEMORANDUM AND ORDER DISMISSING CASE. Court dismisses case without prejudice for lack of jurisdiction and Directs Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 10/16/09. (bkl)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS SUSAN KORTE, Personal Representative of the Estate of Brian Ennen, Plaintiff, Case No. 09-cv-826-JPG v. NONA WESTFALL, Personal Representative of the Estate of Kevin Ennen, Defendant. MEMORANDUM AND ORDER This matter comes before the Court after review of the plaintiff's amended complaint (Doc. 8) in which she alleges the plaintiff's decedent and the defendant's decedent were both citizens of the state of Illinois prior to their deaths. Because the citizenship of the legal representative of an estate is deemed to be that of the decedent, 28 U.S.C. § 1332(c)(2); see Gustafson v. zumBrunnen, 546 F.3d 398, 400-01 (7th Cir. 2008); Konradi v. United States, 919 F.2d 1207, 1214 (7th Cir. 1990), the plaintiff and defendant are deemed to be citizens of Illinois and are not diverse. Thus, they do not meet the condition for diversity jurisdiction that the parties be citizens of different states. See 28 U.S.C. § 1332(a)(1). Accordingly, the Court DISMISSES this case without prejudice for lack of jurisdiction and DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED. DATED: October 16, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE