LaGrant et al v. Blackmon's, Inc.

Filing 3

MEMORANDUM AND ORDER to amend faulty pleading to correct the jurisdictional defect. Signed by Judge J. Phil Gilbert on 9/19/2012. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LEWIS E. LAGRANT and ROSE M.
LAGRANT,
Plaintiffs,
Case No. 12-cv-1012-JPG-DGW
v.
BLACKMON’S, INC.,
Defendant.
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 defect in the
jurisdictional allegations of the Complaint (Doc. 2) filed by the plaintiffs:


Failure to allege the citizenship of an individual. 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 Complaint alleges the residence but not the citizenship of the
plaintiffs.
The Court hereby ORDERS that the plaintiffs shall have up to and including October 5,

2012, to amend the faulty pleading to correct the jurisdictional defect. Failure to amend the faulty
pleading may result in dismissal of this case for lack of subject matter jurisdiction or for failure to
prosecute pursuant to Federal Rule of Civil Procedure 41(b). The plaintiffs are 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: September 19, 2012
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE