Carpenters' District Council of Greater St. Louis and Vicinity et al v. Safeco Insurance Company of America et al

Filing 5

MEMORANDUM AND ORDER, This Court lacks subject matter jurisdiction over this case and, accordingly, DISMISSES this case for lack of jurisdiction. The Clerk of Court is DIRECTED to enter judgment accordingly.Signed by Judge J. Phil Gilbert on 1/17/14. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CARPENTERS’ DISTRICT COUNCIL OF GREATER ST. LOUIS AND
VICINITY and TERRY M. NELSON, RENEE BELL, BRIAN PALUCH,
JOHN W. FISCHER, MICHAEL T. THUSTON, DONALD J. BRUSSEL,
JR., SCOTT BYRNE, KEN STRICKER, KIRK VERSEMAN, ALBERT
BOND, ROBERT CALHOUN, RON DICUS, KEVIN BYRNE, and
EARL POE, III, in their representative capacities as trustees of the
CARPENTERS’ PENSION TRUST FUND OF ST. LOUIS, and TERRY
M. NELSON, RENEE BELL, BRIAN PALUCH, JOHN W. FISCHER,
MICHAEL T. THUSTON, DONALD J. BRUSSEL, JR., SCOTT
BYRNE, KEN STRICKER, KIRK VERSEMAN, ALBERT BOND,
ROBERT CALHOUN, RON DICUS, KEVIN BYRNE, and EARL POE,
III in their representative capacities as trustees of the CARPENTERS’
HEALTH AND WELFARE TRUST FUND OF ST. LOUIS, and TERRY
M. NELSON, RENEE BELL, BRIAN PALUCH, JOHN W. FISCHER,
MICHAEL T. THUSTON, DONALD J. BRUSSEL, JR., SCOTT
BYRNE, KEN STRICKER, KIRK VERSEMAN, ALBERT BOND,
ROBERT CALHOUN, RON DICUS, KEVIN BYRNE, and EARL POE,
III in their representative capacities as trustees of the CARPENTERS’
VACATION TRUST FUND OF ST. LOUIS and RENEE BELL,
ROBERT BEHLMAN, DAVE MARXKORS, KEITH TAYLOR,
MICHAEL T. THUSTON, MIKE GRIGAITIS, RON DICUS, ROBERT
WOLF, TERRY M. NELSON, BOB FRITZ and ALBERT BOND in their
representative capacities as trustees of the CARPENTERS’ JOINT
TRAINING FUND OF ST. LOUIS,

Case No. 14-cv-42-JPG-DGW

Plaintiffs,
v.
SAFECO INSURANCE COMPANY OF AMERICA and H.B.D.
CONSTRUCTION, 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. In this case, the plaintiffs have asserted that the Court has
diversity subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1332(a). That statute
requires that the opposing parties not be citizens of the same state. Strawbridge v. Curtiss, 7 U.S.
(3 Cranch) 267 (1806). However, in this case, both the plaintiffs and defendant H.B.D.
Construction, Inc. are citizens of Missouri. Compl. ¶ 7. Thus, this Court lacks subject matter

jurisdiction over this case and, accordingly, DISMISSES this case for lack of jurisdiction. The
Clerk of Court is DIRECTED to enter judgment accordingly.
IT IS SO ORDERED.
DATED: January 17, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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