The Ohio Casualty Insurance Company v. H & M Backhoe Service, Inc., et al

Filing 10

MEMORANDUM AND ORDER, re: jurisdictional defect. Amended pleading due by 8/24/2017. Signed by Judge J. Phil Gilbert on 8/10/2017. (jdh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS THE OHIO CASUALTY INSURANCE COMPANY, Plaintiff, v. Case No.: 17-823 JPG/SCW H & M BACKHOE SERVICE, INC, et al., Defendants. 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. The Court has noted the following defect in the jurisdictional allegations of the complaint (Doc. 1) filed by plaintiff Ohio Casualty 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, Gregory Eitzenhefer and Paula Eitzenhefer. The Court hereby ORDERS that plaintiff Ohio Casualty Insurance Company shall have up to and including August 24, 2017 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. Plaintiff 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: August 10, 2017 s/J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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