Maxum Indemnity Company et al v. Redbird Express, Inc. et al
Filing
8
MEMORANDUM AND ORDER, re: jurisdictional 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
MAXUM INDEMNITY COMPANY et al.,
Plaintiffs,
v.
Case No. 14-cv-113-JPG-DGW
REDBIRD EXPRESS, INC. 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. 6) filed by plaintiffs: Maxum Indemnity
Company and Maxum Casualty Insurance Company.
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 defendant,
Christopher Chancey.
The Court hereby ORDERS that plaintiffs, Maxum Indemnity Company and Maxum
Casualty Insurance Company 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.
Maxum Indemnity Company and Maxum Casualty Insurance Company 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
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