Brady McCasland, Inc. v. Womack et al

Filing 10

ORDER dismissing without prejudice plaintiff's complaint with leave to amend. See Order for details. Signed by Judge David R. Herndon on 4/7/16. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRADY MACCASLAND, INC.,
Plaintiff
v.

No. 16-0380-DRH

JAMES WOMACK and
JORDAN WOMACK,
Defendants.

MEMORANDUM and ORDER

HERNDON, District Judge:
On April 5, 2016, plaintiff filed suit against defendants for breach of contract
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 as to
the parties in the 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). Further, a corporation is deemed a citizen of both
the state of incorporation and its principal place of business. N.
Page 1 of 2

Bunge Corp., 899 F.2d 591, 594 (7th Cir.1990); see 28 U.S.C. § 1332(c)(1). The
term “principal place of business” refers to the corporation's “nerve center”-the
place

where

a corporation's officers

direct,

control,

and

coordinate

the corporation's activities. Hertz Corp. v. Friend, 559 U.S. 77, 92–93, 130
S.Ct. 1181, 175 L.Ed.2d 1029 (2010).

Thus, the Court DISMISSES without

prejudice plaintiff’s complaint. The Court ALLOWS plaintiff up to and including
May 6, 2016 to file an amended complaint that comports with this Order.
IT IS SO ORDERED.

Digitally signed by
Judge David R.
Herndon
Date: 2016.04.07
13:27:30 -05'00'

Signed this 7th day of April, 2016.

United States District Judge

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