Layne v. Otis Elevator Company

Filing 5

ORDER dismissing without prejudice complaint for failure to allege citizenship. The Court ALLOWS plaintiff up to and including September 2, 2015 to file an amended complaint. Signed by Judge David R. Herndon on 8/18/15. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JANET L. LAYNE,
Plaintiff,

v.

No. 15-0903-DRH

OTIS ELEVATOR COMPANY,
Defendant.

MEMORANDUM and ORDER

HERNDON, District Judge:
On August 14, 2015, plaintiff filed suit against defendant based on diversity
jurisdiction, 28 U.S.C. § 1332 (Doc. 1). However, a review of the complaint reveals
that plaintiff alleged residency rather than citizenship in her complaint.
“[R]esidence and citizenship are not synonyms and it is the latter that matters for
purposes of the diversity jurisdiction.” Meyerson v. Harrah's E. Chicago Casino,
299 F.3d 616, 617 (7th Cir. 2002).

See also Tylka v. Gerber Prods. Co., 211 F.3d

445, 448 (7th Cir. 2000) (“[A]llegations of residence are insufficient to establish
diversity jurisdiction.”); Held v. Held, 137 F.3d 998, 1000 (7th Cir. 1998) (same).
Thus, the Court DISMISSES without prejudice plaintiff’s complaint. The Court
ALLOWS plaintiff up to and including September 2, 2015 to file an amended
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complaint that comports with this Order.
IT IS SO ORDERED.
Signed this 18th day of August, 2015.

Digitally signed by
David R. Herndon
Date: 2015.08.18
16:30:20 -05'00'
United States District Judge

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