Boothe et al v. Marshall Browning Hospital et al

Filing 11

ORDER on Threshold Jurisdictional Review, setting March 30, 2012, deadline for Plaintiffs to file a jurisdictional memorandum. Signed by Judge Michael J. Reagan on 3/26/2012. (mmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JUDY BOOTHE, and
PATRICK E. BOOTHE,

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Plaintiffs,
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V.
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MARSHALL BROWNING HOSPITAL and )
K. RAJASEKHARA WARRIER, MD,
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Defendants.
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Case No. 12-cv-025-MJR-SCW

MEMORANDUM AND ORDER ON
THRESHOLD JURISDICTIONAL REVIEW
REAGAN, District Judge:
On January 10, 2012, Plaintiffs Judy Boothe and Patrick E. Boothe filed suit in this
United States District Court. Plaintiffs’ claims stem from how Patrick E. Booth was treated when
he suffered a stroke and was taken to Marshall Browning Hospital in DeQuoin, Illinois.
The case was randomly assigned to the undersigned District Judge and became ripe
for threshold review upon the entry of appearance by one of the named Defendants on March 23,
2012.
This Court’s first task is to verify that subject matter jurisdiction lies. See, e.g.,
Avila v. Pappas, 591 F.3d 552, 553 (7th Cir. 2010); Winters v. Fru-Con, Inc., 498 F.3d 734, 740 (7th
Cir. 2007). Plaintiffs invoke subject matter jurisdiction under the federal diversity statute, 28
U.S.C. 1332, which requires complete diversity between the parties and an amount in controversy
exceeding $75,000. Although the amount in controversy clears the over-$75,000 hurdle, the
complaint omits certain information the Court needs to verify that the parties are completely
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diverse.
First, the complaint does not establish the citizenship of any of the parties. We are
told that Mr. and Mrs. Boothe reside in Kentucky, and that Dr. Warrier resides in Illinois.
Residence does not equate to citizenship, and for diversity purposes it is citizenship which matters.
See 28 U.S.C. 1332(c)(2). Furthermore, the complaint fails to state the nature of the Hospital’s
business structure, and the required information regarding its citizenship.
The Court hereby DIRECTS Plaintiffs to file a Jurisdictional Memorandum clearly
stating the citizenship of each and every party to this litigation. The Jurisdictional Memorandum
shall be filed by March 30, 2012.
DATED: March 26, 2012
s/ Michael J. Reagan
MICHAEL J. REAGAN
UNITED STATES DISTRICT JUDGE

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