West Salem Moravian Church v. Reid et al

Filing 5

MEMORANDUM AND ORDER, re: jurisdictional defect. Amended pleading due by 5/4/2015. Signed by Judge J. Phil Gilbert on 4/21/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WEST SALEM MORAVIAN CHURCH,
Plaintiff,
v.

Case No.: 15-426 JPG/DGW

JOHN W. REID, individually and doing
business as Pioneer Restoration and
PIONEER RESOTATIONS, LLC,

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 defects in the jurisdictional allegations of the Complaint (Doc. 1) filed by
plaintiff West Salem Moravian Church:
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 John W. Reid is a resident of
the State of Indiana but not allege citizenship.
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 complaint
states the principal place of business for Pioneer Restorations, LLC but does not plead
the citizenship of each of the LLC’s members.
The Court hereby ORDERS that plaintiff West Salem Moravian Church shall have
up to and including May 4, 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 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
West Salem Moravian Church 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: April 21, 2015
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE