United Fire & Casualty Company v. Roxana Landfill, Inc. et al

Filing 4

MEMORANDUM AND ORDER. United Fire & Casualty Company to correct jurisdictional defects. Signed by Judge J. Phil Gilbert on 6/7/11. (bkl)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
UNITED FIRE & CASUALTY COMPANY, )
an Iowa Stock Insurance Company,
)
)
Plaintiff,
)
)
v.
)
)
ROXANA LANDFILL, INC., THIEMS,
)
CONSTRUCTION COMPANY, INC.,
)
ALLIED WASTE TRANSPORTATION,
)
INC., and JAMES C. FOWLER,
)
)
Defendants.
)

Case No. 11-cv-470-JPG

MEMORANDUM AND ORDER
This matter comes before the Court on its own initiative for purposes of case
management. Specifically, the Court questions whether it has jurisdiction over this matter.
Federal courts are courts of limited jurisdiction. They may exercise jurisdiction only
over matters authorized by the Constitution and by statute. Turner/Ozanne v. Hyman/Power,
111 F.3d 1312, 1316 (7th Cir. 1997). Moreover, federal courts must police the boundaries of
their own jurisdiction. Even absent an objection by a party challenging jurisdiction, they are
“obliged to inquire sua sponte whenever a doubt arises as to the existence of federal
jurisdiction.” Tylka v. Gerber Prods. Co., 211 F.3d 445, 448-49 (7th Cir. 2000) (quoting Mt.
Healthy City Bd. of Educ. v. Doyle, 429 U.S. 274, 278 (1977)). As such, this Court conducts a
rigorous initial review of complaints to ensure that jurisdiction has been properly pled.
In its Complaint (Doc. 2), Plaintiff United Fire and Casualty Company has invoked but
not properly pled diversity of citizenship as a basis for federal jurisdiction. Indeed, federal
courts have jurisdiction over a civil action between citizens of different states. See 28 U.S.C. §
1332 (2006). Here, United Fire & Casualty Company alleged the residence and domicile of

Defendant Fowler but failed to allege the citizenship of Fowler.
Accordingly, the Court ORDERS the United Fire & Casualty Company to correct this
and any other jurisdictional defects by June 17, 2011. See Tylka, 211 F.3d at 448 (“[I]t is not
the court’s obligation to lead counsel through a jurisdictional paint-by-numbers scheme.”).
Should it fail to do so, the Court will dismiss this matter for lack of subject matter jurisdiction.
IT IS SO ORDERED.
Dated: June 7, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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