Baity et al v. Johnson & Johnson et al

Filing 13

ORDER: Plaintiffs shall show cause on or before 1/14/2021 why this matter should not be dismissed for lack of subject matter jurisdiction. Signed by Magistrate Judge Reona J. Daly on 1/7/2021. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.

Case 3:20-cv-01367-RJD Document 13 Filed 01/07/21 Page 1 of 2 Page ID #264

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRANDON BAITY, et al,
Plaintiffs,
v.
JOHNSON & JOHNSON and ETHICON,
INC.,
Defendants.

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Case No. 20-cv-1367- RJD

ORDER
DALY, Magistrate Judge:
This matter is before the Court sua sponte on the issue of federal subject matter jurisdiction.
See Ruhrgas v. Marathon Oil Co., 526 U.S. 574, 577 (1999) (“[j]urisdiction is the ‘power to declare
law’ and without it the federal courts cannot proceed”); Hay v. Indiana State Bd. of Tax Com’rs,
312 F.3d 876, 889 (7th Cir. 2002) (“not only may the federal courts police subject matter
jurisdiction sua sponte, they must”). Plaintiffs’ Amended Complaint alleges that 120 Plaintiffs
were injured by Defendants’ pelvic mesh implants. Plaintiffs further allege that this Court has
diversity jurisdiction pursuant to 28 U.S.C. §1332 because there is complete diversity among the
parties and the amount in controversy exceeds $75,000.00 exclusive of interests and costs.
A quick read of Plaintiff’s Amended Complaint, however, reveals that there is not complete
diversity among the parties. For diversity jurisdiction purposes, complete diversity means no
plaintiff is a citizen of the same state as any defendant. Altom Transport, Inc. v. Westchester Fire
Ins. Co., 823 F.3d 416, 420 (7th Cir. 2016). Plaintiffs allege that Defendants are citizens of New
Jersey. Doc. 12, ¶¶353, 354. Plaintiffs also allege that Plaintiff Iendumati Shah is a citizen of New
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Case 3:20-cv-01367-RJD Document 13 Filed 01/07/21 Page 2 of 2 Page ID #265

Jersey. Doc. 12, ¶271. Consequently, the Court hereby ORDERS Plaintiffs TO SHOW CAUSE
on or before January 14, 2021, why this matter should not be dismissed for lack of subject matter
jurisdiction.
IT IS SO ORDERED.
DATED: January 7, 2021
s/ Reona J. Daly
Hon. Reona J. Daly
United States Magistrate Judge

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