Philadelphia Indemnity Insurance Company v. Behavioral Health Alternatives, Inc. et al

Filing 15

MEMORANDUM AND ORDER, re: jurisdiction defect. Amended complaint due by July 26, 2017. Signed by Judge J. Phil Gilbert on 7/12/2017. (jdh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
PHILADELPHIA INDEMNITY INSURANCE
COMPANY,
Plaintiff,
v.
BEHAVIORAL HEALTH ALTERNATIVES, INC,

et al.,
Defendants.

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) Case No.: 17-684 JPG/DGW
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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
plaintiff Philadelphia Indemnity Insurance Company:


Failure to allege the citizenship of an individual. A complaint asserting
diversity jurisdiction must allege the citizenship of an individual defendant,
not merely residence. 28 U.S.C. § 1332(a)(1); Meyerson v. Harrah’s East
Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002); Held v. Held, 137 F.3d
998, 1000 (7th Cir. 1998). Allegations of “residence” are jurisdictionally
insufficient. Steigleder v. McQuesten, 198 U.S. 141 (1905). Dismissal is
appropriate where parties allege residence but not citizenship. Held, 137
F.3d at 1000. Complaint alleges residence but not citizenship of defendants
Earl Timmermeier, Shelly Timmermeier, Raymond Timmermeier and
Gayla Timmermeier .

The Court hereby ORDERS that Philadelphia Indemnity Insurance Company, shall
have up to and including July 26, 2017 to amend the faulty pleading to correct the
jurisdictional defects. 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. Plaintiff Philadelphia Indemnity Insurance Company is 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: July 12, 2017
s/J. Phil Gilbert
U.S. DISTRICT JUDGE