Tomoiage et al v. Matute et al

Filing 48

MEMORANDUM AND ORDER, re: jurisidctional defect ( Amended complaint due by 7/25/2014.) Signed by Judge J. Phil Gilbert on 7/2/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MATEI TOMOIAGE, individually, and as
Special Administrator of Matei Tomoiage, Jr.,
Deceased and Dyana Tomoiage, Deceased, and
ALINA TOMOIAGE, individually, and as
Special Administrator of Matei Tomoiage, Jr.,
Deceased and Dyana Tomoiage, Deceased, and
as Mother and Next Friend of CARINA
TOMOIAGE, a minor,

Case No. 14-cv-330-JPG-

Plaintiffs,
v.
NEWTON XPRESS, LLC, MARTIN
TRANSPORTATION SYSTEMS, INC. and
JAVIER MATUTE,
Defendants.
MEMORANDUM AND ORDER
On June 12, 2014, the Court noted several defects in the jurisdictional allegations of
defendant Javier Matute’s jurisdictional allegations and gave Matute an opportunity to amend the
notice of removal to correct those defects (Doc. 42). Matute has submitted a supplement to his
notice of removal which cures some, but not all, of those defects. To ensure it has federal
jurisdiction over this case, the Court ORDERS Matute to amend his notice of removal on or
before July 25, 2014, to include the following specific jurisdictional facts:
1.

The citizenship of each member of defendant Newton Xpress, LLC at the time of
removal. Because this defendant is an LLC and not a corporation, the states of
“incorporation” and principal place of business are irrelevant. Only the citizenships of its
members are relevant.

2.

The citizenship of minor Carina Tomoiage at the time of removal. Her legal
representative will be deemed to be a citizen of this state.

3.

The citizenship of decedents Matei Tomoiage, Jr. and Dyana Tomoiage at the time of
their deaths. The legal representatives of their estates will be deemed to be a citizen of
these states.
The Court WARNS Matute that if he fails to specifically allege the foregoing facts, the

Court will find that he has not satisfied his burden to establish federal jurisdiction, see McNutt v.
General Motors Acceptance Corp., 298 U.S. 178, 189 (1936), and will remand this case for lack of
subject matter jurisdiction. Defendant Matute 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: July 2, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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