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

Filing 9

MEMORANDUM AND ORDER re: jurisdictional defect. ( Amended complaint due by 3/5/2014.) Signed by Judge J. Phil Gilbert on 2/26/2014. (jdh)

UNITED STATES DISTRICT COUT
SOUTHERN DISTRICT OF ILLINOIS
KENNETH KLAYBOR
independent administrator of the Estate
of Matthew Klaybor, deceased,
Plaintiff,
v.
FLOWERS BAKING COMPANY OF
BATESVILLE, LLC, an Arkansas corporation,
et al.,

)
)
)
)
)
)
) Case No.: 14-95 JPG/DGW
)
)
)
)

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 amended complaint (Doc. 8) filed
by plaintiff Kenneth Klaybor, independent administrator of the Estate of Matthew
Klaybor, deceased:
Failure to allege the citizenship of decedent. A complaint asserting diversity
jurisdiction must allege the citizenship of individual parties. 28 U.S.C. §
1332(a)(1). Where a suit is brought on behalf of the estate of a decedent, the
citizenship of the legal representative of the estate shall be deemed to be that of the
decedent. 28 U.S.C. § 1332(c)(2); see Gustafson v. zumBrunnen, 546 F.3d 398,
400-01 (7th Cir. 2008); Konradi v. United States, 919 F.2d 1207, 1214 (7th Cir.
1990). The plaintiffs’ complaint does not allege the decedent’s citizenship prior to
his death.
The Court hereby ORDERS that plaintiff Kenneth Klaybor, independent
administrator of the Estate of Matthew Klaybor, deceased shall have up to and including ,
March 5, 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. Plaintiff 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 26, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE