Klaybor v. Flowers Baking Company of Batesville, LLC et al

Filing 7

MEMORANDUM AND ORDER, re: jurisdiction defect, (Amended complaint due by 2/24/2014.)Signed by Judge J. Phil Gilbert on 2/7/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENNETH KLAYBOR, independent
Administrator of the Estate of Matthew
Klaybor, deceased,
Plaintiffs,

Case No. 14-cv-95-JPG-DGW

v.
FLOWERS BAKING COMPANY
OF BATESVILLE, LLC, et al.,
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: Kenneth Klaybor,
independent administrator of the Estate of Matthew Klaybor, deceased.


For the purposes of diversity jurisdiction, an LLC's citizenship "is the
citizenship of its members." Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th
Cir. 1998). Accordingly, the proponent of federal diversity jurisdiction must
plead the citizenship of each of the LLC's members.

The Court hereby ORDERS that plaintiff, Kenneth Klaybor, independent administrator of
the Estate of Matthew Klaybor, deceased, shall have up to and including February 24, 2014 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. Kenneth Klaybor, independent administrator of the Estate of

Matthew Klaybor, deceased, 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: February 7, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE