Century Surety Company v. Blackmon's, Inc. et al

Filing 6

MEMORANDUM AND ORDER, Plaintiff is to amend the faulty pleading to correct the jurisdictional defect. Signed by Judge J. Phil Gilbert on 12/28/2012. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CENTURY SURETY COMPANY,
Plaintiff,
v.

Case No. 12-cv-1244-JPG-PMF

BLACKMON’S INC. d/b/a Blackmon’s Plaza,
LEWIS E. LAGRANT and ROSE M.
LAGRANT,
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 Complaint (Doc. 2) filed by plaintiff Century Surety Company:


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 Complaint alleges the state of
incorporation of defendant Blackmon’s Inc. but does not allege its principal place of
business.



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
defendants Lewis E. LaGrant and Rose M. LaGrant.
The Court hereby ORDERS that the plaintiff shall have up to and including January 11,

2013, 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). Amendment of the faulty pleading
to reflect an adequate basis for subject matter jurisdiction will satisfy this order. The plaintiff 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: December 28, 2012
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE