Crowe v. Strong Built, Inc. et al

Filing 27

ORDER GRANTING in part and DENYING in part 17 MOTION to Amend/Correct 2 Complaint filed by Plaintiff Gene Crowe. Plaintiff is ORDERED to file an Amended Complaint on or before September 26, 2011, to establish subject matter jurisdiction. (Amended Pleadings due by 9/26/2011.) Signed by Judge G. Patrick Murphy on 9/19/2011. (ssd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

GENE CROWE,

)
)
Plaintiff,
)
)
vs.
)
)
STRONG BUILT, INC.; STRONG BUILT )
INTERNATIONAL, LLC; STRONG BUILT )
OUTDOORS, LLC; BPS CATALOG, L.P.; )
and BASS PRO SHOPS, INC.,
)
)
Defendants.
)

CIVIL NO. 11-354-GPM

MEMORANDUM AND ORDER
MURPHY, District Judge:
This matter is before the Court on Plaintiff’s motion for leave to file an amended complaint
to correctly name certain defendants.1 The Court has reviewed the proposed amended complaint to
determine whether subject matter jurisdiction has been properly pleaded. See generally FED. R. CIV.
P. 12(h)(3); Hammes v. AAMCO Transmissions, Inc., 33 F.3d 774, 778 (7th Cir. 1994) (“the court
has an independent duty to satisfy itself that it has subject-matter jurisdiction”); see also Ricketts v.
Midwest Nat’l Bank, 874 F.2d 1177, 1181 (7th Cir. 1989).
Although not specifically pleaded, it appears that Plaintiff intends to bring this action under
28 U.S.C. § 1332 for personal injuries allegedly sustained when he fell from a ladder stand. Plaintiff
properly alleges his own citizenship and the citizenship of the corporate defendants. However,
Plaintiff has failed to properly allege the citizenship of the limited liability company defendants.

1

Plaintiff seeks to rename BPS Catalog, L.P., as BPS Catalog, LLC, and to rename Bass
Pro Shops, Inc., as Bass Pro, Inc.
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See Belleville Catering Co. v. Champaign Mkt. Place, L.L.C., 350 F.3d 691, 692 (7th Cir. 2003)
(limited liability companies are citizens of every state of which any member is a citizen). Without
knowing the identity and citizenship of the member(s) of Strong Built International, LLC; Strong
Built Outdoors, LLC; and BPS Catalog, LLC, the Court cannot determine whether diversity of
citizenship jurisdiction exists.

Notably, allegations based upon information and belief are

insufficient to establish subject matter jurisdiction. America’s Best Inns, Inc. v. Best Inns of Abilene,
L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (per curiam).
“[W]hile a court must dismiss a case over which it has no jurisdiction when a fatal defect
appears, leave to amend defective allegations of subject matter jurisdiction should be freely given.”
Leaf v. Supreme Court of Wis., 979 F.2d 589, 595 (7th Cir. 1992). Accordingly, Plaintiff’s motion
for leave to file an amended complaint (Doc. 17) is GRANTED in part and DENIED in part. It
is granted to the extent that Plaintiff is granted leave to correct the names of certain defendants. It
is denied to the extent that Plaintiff must correct the jurisdictional deficiencies identified above
before filing his amended complaint. Pursuant to 28 U.S.C. § 1653, Plaintiff is ORDERED to file
an Amended Complaint on or before September 26, 2011, to establish the citizenship of Strong
Built International, LLC; Strong Built Outdoors, LLC; and BPS Catalog, LLC.2 Plaintiff’s Amended
Complaint need not be accompanied by another motion for leave to file.
IT IS SO ORDERED.
DATED: 09/19/11
s/ ZA ctàÜ|v~ `âÜÑ{ç
G. PATRICK MURPHY
United States District Judge

2

The Court finds Plaintiff’s allegations sufficient to establish the amount in controversy
requirement.
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