Moore et al v. R.G. Brinkmann Company et al

Filing 34

MEMORANDUM AND ORDER discharging 30 . The Court orders R.G. Brinkmann to file a notice that alleges Dura-Stilt's citizenship by June 17, 2011. Should it fail to do so, the Court will dismiss this matter for lack of subject matter jurisdiction. Signed by Judge J. Phil Gilbert on 6/9/2011. (dka, )

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
BOBBY G. and DYNNA MOORE,
Plaintiffs,
v.
R.G. BRINKMANN COMPANY d/b/a
Brinkmann Constructors,
NEGWER MATERIALS, INC.,
DURA-STILT SALES LIMITED
PARTNERSHIP, and
IAM of PUERTO RICO, INC.,
Defendants.

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Case No. 11-cv-208-JPG-PMF

MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiffs’ Response (Doc. 31) to the Court’s
Memorandum and Order (Doc. 30) of June 2, 2011. Defendant Negwer Materials, Inc. filed a
Response (Doc. 33) thereto. Being fully advised of the premises and for good cause shown,
especially the fact that Plaintiffs are not the proponents of federal jurisdiction, the Court
DISCHARGES its order that Plaintiffs correct perceived jurisdictional defects in their Amended
Complaint (Doc. 29).
That said, the Court is still not convinced that diversity jurisdiction exists. The party
asserting federal jurisdiction has the burden of persuasion in establishing it. Hertz Corp. v.
Friend, 130 S. Ct. 1181, 1194 (2010) (citing Kokkonen v. Guardian Life Ins. Co. of Am., 511
U.S. 375, 377 (1994)). In its Notice of Removal (Doc. 2), Defendant R.G. Brinkmann Company
(“R.G. Brinkmann”) did not properly plead diversity of citizenship as a basis for federal
jurisdiction. Specifically, although “limited partnerships are citizens of every jurisdiction of
which any partner is a citizen[,]” Ind. Gas Co. v. Home Ins. Co., 141 F.3d 314, 316 (7th Cir.

1998) (citing Carden v. Arkoma Assoc., 494 U.S. 185, 195-96 (1990)), R.G. Brinkmann did not
identify the members of Defendant Dura-Stilt Sales Limited Partnership (“Dura-Stilt”), let alone
their citizenship.
For the foregoing reasons, the Court ORDERS R.G. Brinkmann to file a notice that
alleges Dura-Stilt’s citizenship by June 17, 2011. Should it fail to do so, the Court will dismiss
this matter for lack of subject matter jurisdiction.
IT IS SO ORDERED.
DATED: June 9, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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