Weishaupt v. Weishaupt

Filing 7

ORDER re 1 Complaint filed by Amanda Weishaupt. See Order for details. The Court allows plaintiff up to and including February 24, 2017 to file an amended complaint. Signed by Judge David R. Herndon on 1/24/17. (klh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS AMANADA WEISHAUPT, Plaintiff, v. No. 17-0020-DRH LORI WEISHAUPT, Defendant. MEMORANDUM and ORDER HERNDON, District Judge: On January 10, 2017, plaintiff filed suit against defendant in this Court for breach of contract based on diversity jurisdiction, 28 U.S.C. § 1332 (Doc. 1). However, a review of the complaint indicates that plaintiff alleges residency instead of citizenship as to both herself and defendant. “[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 DIRECTS plaintiff to file an amended complaint on or before February 24, 2017 or Page | 1 the Court will dismiss this matter for lack of subject matter jurisdiction. IT IS SO ORDERED. Signed this 24th day of January, 2017. Digitally signed by Judge David R. Herndon Date: 2017.01.24 14:29:27 -06'00' United States District Judge Page | 2

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