Brown et al v. Allianz Life Insurance Company of North America et al

Filing 100

OPINION AND ORDER giving Plas to/incl 1/30/2012 to file a Third Amended Complaint that properly alleges the citizenship of the parties. If a Third Amended Complaint is not filed, then the Second Amended Complaint will be subject to dismissal for lack of jurisdiction. Signed by Magistrate Judge Roger B Cosbey on 1/23/2012. (lns)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
LOIS J. BROWN and CHARLES H.
BROWN,
Plaintiffs,
v.
MICHAEL L. SPICHIGER,
Defendant.

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CAUSE NO. 1:10-CV-158

OPINION AND ORDER
On January 5, 2012, Plaintiffs were granted leave to file a further Amended Complaint by
January 19, 2012, alleging diversity of citizenship and adding a claim of rescission. Plaintiffs
filed their Second Amended Complaint on January 19th, but it still does not allege diversity of
citizenship. (Docket # 99.) Therefore, Plaintiffs have up to and including January 30, 2012, to
file a Third Amended Complaint that properly alleges the citizenship of the parties. If a Third
Amended Complaint is not filed, then the Second Amended Complaint will be subject to
dismissal for lack of jurisdiction.
SO ORDERED.
Enter for this 23rd day of January, 2012.
/S/ Roger B. Cosbey
Roger B. Cosbey,
United States Magistrate Judge