UPS Ground Freight v. Kim Xpress et al

Filing 21

MEMORANDUM AND ORDER, The Court hereby ORDERS that defendant All Freight Systems, Inc. amend the faulty pleading to correct the jurisdictional defect. Signed by Judge J. Phil Gilbert on 8/14/2012. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UPS GROUND FREIGHT,
Plaintiff,
v.

Case No. 12-cv-880-JPG-PMF

KIM XPRESS, ILIJA KURESEVIC and ALL
FREIGHT SYSTEMS, INC.,
Defendants.
MEMORANDUM AND ORDER
In light of Seventh Circuit Court of Appeals admonitions, see Foster v. Hill, 497 F.3d
695, 696-97 (7th Cir. 2007), the Court has undertaken a rigorous initial review of pleadings to
ensure that jurisdiction has been properly pled. The Court has noted the following defects in the
jurisdictional allegations of the Notice of Removal (Doc. 1) filed by defendant All Freight
Systems, Inc.:


Failure to allege the citizenship of a corporation. A corporation is a citizen of both the
state of its principal place of business and the state of its incorporation. 28 U.S.C. §
1332(c)(1). The relevant pleading must affirmatively allege the specific states of
incorporation and principal place of business of a corporate party. Dismissal is
appropriate if a plaintiff fails to make such allegations. Indiana Hi-Rail Corp. v. Decatur
Junction Ry. Co., 37 F.3d 363, 366 n. 3 (7th Cir. 1994). The Notice of Removal fails to
allege the principal place of business of plaintiff UPS Ground Freight and fails to allege
the principal place of business and state of incorporation of defendants Kim Xpress and
All Freight Systems, Inc.
The Court hereby ORDERS that defendant All Freight Systems, Inc. shall have up to and

including August 31, 2012, to amend the faulty pleading to correct the jurisdictional defect.
Failure to amend the faulty pleading may result in remand of this case for lack of subject matter
jurisdiction. Amendment of the faulty pleading to reflect an adequate basis for subject matter
jurisdiction will satisfy this order. Defendant All Freight Systems, Inc. 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: August 14, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE