Richardson et al v. Granite City Hotel and Resorts, LLC et al

Filing 7

MEMORANDUM AND ORDER TO SHOW CAUSE. ( Show Cause Response due by 11/12/2014.) Signed by Judge J. Phil Gilbert on 10/27/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
REBECCA RICHARDSON and
ERIC STADLER,
Plaintiffs,

Case No. 14-cv-01135-JPG/SCW

v.
GRANITE CITY HOTEL AND
RESORTS, L.L.C., SASAK CORPORATION,
and ANKIT PATEL,
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. 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 defect in the jurisdictional
allegations of the Complaint (Doc. 2) filed by the Plaintiffs:
1.

Failure to allege a federal question under 28 U.S.C. § 1331. The Complaint cites
jurisdiction under 29 U.S.C. § 1331 and no such statute exists. Plaintiffs also cite to
jurisdiction under 29 U.S.C § 216(b) - which pertains to wages earned prior to July 20,
1949 and is not applicable in this matter.
The Complaint further cites to 28 U.S.C. § 1332(d)(2) and/or 1367. It is noted that 28
U.S.C. § 1332(d)(2) pertains to class actions and there is no indication that this matter is
being brought on behalf of any persons other than the named Plaintiffs. Finally, the
Complaint fails to provides the citizenship of the parties.

Therefore, the Court hereby ORDERS Plaintiffs to SHOW CAUSE on or before

November 12th, 2014, why this case should not be dismissed for lack of jurisdiction. Failure to
respond to this order may result in dismissal without prejudice.
IT IS SO ORDERED.
DATED: 10/27/2014

s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE