Contreras et al v. CRST Expedited, Inc. et al

Filing 7

ORDER re 1 Notice of Removal, filed by CRST Expedited, Inc.. Defendants are GRANTED twenty-one (21) days leave or until June 13, 2017, to cure pleading defects. Signed by Judge David R. Herndon on 5/23/2017. (kmb2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ALFREDO CONTRERAS
and ALICIA CONTRERAS,
Plaintiffs,
v.

No. 3:17-cv-00530-DRH-SCW

CRST Expedited, Inc.
and Antoine Dortch,
Defendants.
ORDER
HERNDON, District Judge:
The instant matter is raised sua sponte as part of the Court’s independent
obligation to assure itself of jurisdiction over the parties’ dispute. See Wis. Knife

Works v. Nat’l Metal Crafters, 781 F.2d 1280, 1282 (7th Cir. 1986) (explaining
first thing federal judge should do when complaint is filed is check if federal
jurisdiction is properly alleged).

Based on the following, defendants are

GRANTED leave to cure pleading defects or the case will be remanded.
DISCUSSION
In May 2017, defendants CRST Expedited, Inc. and Antoine Dortch
(“defendants”) filed a Notice of Removal to this Court from the Third Judicial
Circuit Court in Madison County, Illinois, pursuant to 28 U.S.C. §§ 1332, 1441,
and 1446 (Doc. 1).

The notice stated plaintiffs Alfredo and Alicia Contreras

(“plaintiffs”) are residents of Edinburg, Texas, but failed to allege their citizenship

(Id. at 2). Further, the notice failed to allege citizenship of corporate defendant
CRST Expedited, Inc., as well as, defendant Antoine Dortch (Id.).
The Court notes the allegations are not sufficient and therefore cannot
ascertain whether diversity jurisdiction exists based on information in the Notice
of Removal. See Meyerson v. Harrah’s East Chi. Casino, 299 F.3d 616, 617 (7th
Cir. 2002) (stating jurisdictional allegations are grossly inadequate in establishing
diversity jurisdiction where party alleges state of residence but not of citizenship);

see also Hunter v. Amin, 583 F.3d 486, 491 (7th Cir. 2009) (clarifying residence
and citizenship are not synonymous; only citizenship matters for purposes of
diversity jurisdiction). “[W]hen the parties allege residence but not citizenship,
the court must dismiss the suit.” Tylka v. Gerber Prods. Co., 211 F.3d 445, 448
(7th Cir. 2000) (quoting Guar. Nat’l Title Co., v. J.E.G. Assocs., 101 F.3d 57, 59
(7th Cir. 1996)).
However, rather than ordering dismissal at this juncture, the Court
GRANTS defendants twenty-one days (21) leave or until June 13, 2017, to
cure pleading defects or the case will be remanded.
IT IS SO ORDERED.
Signed this 23rd day of May, 2017.

Digitally signed by
Judge David R. Herndon
Date: 2017.05.23
15:06:00 -05'00'
UNITED STATES DISTRICT JUDGE