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)

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