Brown et al v. Bayer Corp. et al
Filing
5
MEMORANDUM AND ORDER, re: jurisdictional defect. Amended complaint due by 4/26/16. Signed by Judge J. Phil Gilbert on 4/12/2016. (jdh)
IN THE UNITED STATES DISTRICT COURT
FOR SOUTHERN DISTRICT OF ILLINOIS
MARY BETH BROWN and
JOSHUA BROWN,
Plaintiffs,
v.
BAYER CORP, an Indiana Corporation, et al.,
Defendants.
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) Case No.: 16-378 JPG/SCW
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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 the
plaintiffs:
Failure to allege the citizenship of a corporation. A corporation is a
citizen of both the state of its principal place of business and the state of its
incorporation. 28 U.S.C. § 1332(c)(1). The relevant pleading must
affirmatively allege the specific states of incorporation and principal place
of business of a corporate party. Dismissal is appropriate if a plaintiff fails
to make such allegations. Indiana Hi-Rail Corp. v. Decatur Junction Ry.
Co., 37 F.3d 363, 366 n. 3 (7th Cir. 1994). Plaintiffs have not stated the
principal place of business for the following defendants: Bayer Corp., Bayer
Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc., and Bayer A.G.
The Court hereby ORDERS that the plaintiffs, shall have up to and including,
April 26, 2016 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. Plaintiffs 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: April 12, 2016
s/J. Phil Gilbert
U.S. DISTRICT JUDGE
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