Underhill et al v. Coleman Company

Filing 6

MEMORANDUM AND ORDER. Plaintiff shall amend faulty pleading to correct the jurisdictional defect. Signed by Judge J. Phil Gilbert on 2/15/12. (bkl)

IN UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
PAULA UNDERHILL, individually and as
SPECIAL ADMINISTRATOR OF THE
ESTATE OF GALEN UNDERHILL, and
SEAN UNDERHILL,
Case No. 3:12-cv-00129-JPG-DGW
Plaintiffs,
v.
THE COLEMAN COMPANY, INC.,
Defendant.
MEMORANDUM & ORDER
In light of Seventh Circuit admonitions, see, e.g., America’s Best Inns, Inc. v. Best Inns of
Abilene, L.P., 980 F.2d 1072 (1992), the Court has undertaken a rigorous initial review of
pleadings to ensure that jurisdiction has been properly pled. The Court has noted the following
defect in the jurisdictional allegations of the Notice of Removal and Complaint (Doc. 2) filed by
defendant Coleman Company.
The complaint and notice of removal fail to allege the citizenship of the individual
plaintiffs. A complaint asserting diversity jurisdiction must allege the citizenship of an
individual defendant, not merely residence. 28 U.S.C. § 1332(a)(1); Meyerson v. Harrah’s East
Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002); Held v. Held, 137 F.3d 998, 1000 (7th Cir.
1998). Allegations of “residence” are jurisdictionally insufficient. Steigleder v. McQuesten, 198
U.S. 141 (1905). Dismissal is appropriate where parties allege residence but not citizenship.
Held, 137 F.3d at 1000. The Court must know each party's state citizenship, which is to say
domicile. Denlinger v. Brennan, 87 F.3d 214 (7th Cir.1996).
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The Court hereby ORDERS the plaintiff shall have up to and including February 27,
2012 to amend the faulty pleading to correct the jurisdictional defect. Failure to amend the
faulty pleading may result in dismissal or remand of this case for lack of jurisdiction.
Amendment of the faulty pleading to reflect an adequate basis for subject matter jurisdiction will
satisfy this order. Plaintiff Underhill is directed to consult Local Rule 15.1 regarding amended
pleadings and need not seek leave of Court to file such amended pleading.
IT IS SO ORDERED.
DATED: February 15, 2012
s./ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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