Atain Specialty Insurance Company v. Chouteau Property Management, Inc. et al

Filing 3

MEMORANDUM AND ORDER, re: jurisdictional defect. Amended complaint due by 8/13/2015. Signed by Judge J. Phil Gilbert on 7/30/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR SOUTHERN DISTRICT OF ILLINOIS
ATAIN SPECIALTY INSURANCE COMPANY
Plaintiff,
v.
CHOUTEAU PROPETY MANAGEMENT, INC.,
et al.,

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) Case No.: 15-804 JPG/DGW
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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 complaint (Doc.1) filed by
plaintiff Atain Specialty Insurance Company:


Failure to allege the citizenship of decedent. A complaint asserting
diversity jurisdiction must allege the citizenship of individual parties. 28
U.S.C. § 1332(a)(1). Where a suit is brought on behalf of the estate of a
decedent, the citizenship of the legal representative of the estate shall be
deemed to be that of the decedent. 28 U.S.C. § 1332(c)(2); see Gustafson
v. zumBrunnen, 546 F.3d 398, 400-01 (7th Cir. 2008); Konradi v. United
States, 919 F.2d 1207, 1214 (7th Cir. 1990). Complaint does not allege the
decedent’s citizenship prior to death.

The Court hereby ORDERS that Atain Specialty Insurance Company, shall have
up to and including , August 13, 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 Atain Specialty Insurance Company 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 30, 2015
s/J. Phil Gilbert
U.S. DISTRICT JUDGE