Ping v. Matthews et al

Filing 6

MEMORANDUM AND ORDER, re: jurisdictional defect. Amended pleading due by January 30, 2015. Signed by Judge J. Phil Gilbert on 1/20/2015. (jdh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
CRYSTAL PING, individually and as
Administrator of the Estate of Justin Ping,
deceased,
Plaintiff,
v.
MYLES J. MATTEWS, et al.,

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) Case No.: 15-46 JPG/SCW
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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 Notice of Removal (Doc. 2)
filed by defendants Myles J. Matthews and Schneider National Carriers, Inc.:
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). The Notice
of Removal states the principal place of business for JMI, LLC but does not plead the
citizenship of each of the LLC’s members.
The Court hereby ORDERS the defendants Myles J. Matthews and Schneider
National Carriers, Inc. shall have up to and including January 30, 2015 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 remand 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. Defendants Myles J. Matthews and Schneider National
Carriers, Inc., are 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: January 20, 2015
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE