Guminski v. Massac Memorial, LLC

Filing 4

MEMORANDUM AND ORDER, re: jurisidictional defect. Amended complaint due by 8/13/14. Signed by Judge J. Phil Gilbert on 8/1/2014. (jdh)

UNITED STATES DISTRICT COUT
SOUTHERN DISTRICT OF ILLINOIS
DANIELLE GUMINSKI,
Plaintiff,
v.
MASSAC MEMORIAL, LLC, d/b/a
Massac Memorial Hospital,

Defendant.

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) Case No.: 14-849 JPG/SCW
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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. See Hertz Corp. v. Friend,
559 U.S. 77, 94 (2010) (noting courts’ “independent obligation to determine whether
subject-matter jurisdiction exists, even when no party challenges it”). The Court has noted
the following defects in the jurisdictional allegations of the Complaint (Doc. 2) filed by
plaintiff Danielle Guminski:
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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 plaintiff
Danielle Guminski.

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Failure to allege the citizenship of each member of an unincorporated
association. To determine if complete diversity exists, the Court must
examine the citizenship of each member of a limited liability company. See
White Pearl Inversiones S.A. (Uruguay) v. Cemusa, Inc., 647 F.3d 684, 686
(7th Cir. 2011); Belleville Catering Co. v. Champaign Market Place, LLC,
350 F.3d 691, 692 (7th Cir. 2003). The relevant pleading must affirmatively
allege the specific states of citizenship of each member of the limited
liability company, and “the citizenship of unincorporated associations must

be traced through however many layers of partners or members there may
be.” Meyerson v. Harrah’s E. Chi. Casino, 299 F.3d 616, 617 (7th Cir.
2002). Complaint alleges principal place of business for Massac Memorial,
LLC but does not plead the citizenship of each of the LLC’s members.
The Court hereby ORDERS that Danielle Guminski, shall have up to and including
August 13, 2014 to amend the faulty pleading to correct the jurisdictional defects. 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 Danielle
Guminski 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: August 1, 2014
s/J. Phil Gilbert
U.S. DISTRICT JUDGE