A Communication Company, Inc. v. Bonutti et al

Filing 6

MEMORANDUM AND ORDER, re: jurisidctional defect. Plaintiff shall have up to and including 12/4/2013 to amend faulty pleading. Signed by Judge J. Phil Gilbert on 11/21/2013. (jdh)

UNITED STATES DISTRICT COUT
SOUTHERN DISTRICT OF ILLINOIS
A COMMUNICATION COMPANY, INC.,
d/b/a Acom Healthcare,
Plaintiff,
v.
PETER M. BONUTTI et al.,

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) Case No.: 13-1193 JPG/SCW
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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 defect in the jurisdictional allegations of the complaint (Doc. 2) filed by
plaintiff : A Communication Company, Inc., d/b/a Acom Healthcare:
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. Complaint alleges residence
but not citizenship of defendants, Peter M. Bonutti, Boris P. Bonutti, and Dean A.
Kremer.
The Court hereby ORDERS that plaintiff A Communication Company, Inc., d/b/a
Acom Healthcare shall have up to and including December 4, 2013 to amend the faulty
pleading to correct the jurisdictional defect. See 28 U.S.C. § 1653. Failure to amend the
faulty pleading may result in dismissal 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.

Plaintiff A Communication Company, Inc., d/b/a Acom Healthcare 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: November 21, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE