Motorists Mutual Insurance Company v. Yahya et al
Filing
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OPINION AND ORDER re 1 COMPLAINT filed by Plaintiff Motorists Mutual Insurance Company. Plaintiff ORDERED to file an Amended Complaint by 12/5/2011 properly alleging on personal knowledge the citizenship of Defendants Mohamed N Q Yahya and Hana Harhara. Signed by Magistrate Judge Roger B Cosbey on 11/21/11. (cer)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
MOTORISTS MUTUAL INSURANCE
COMPANY,
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Plaintiff,
v.
MOHAMED N Q YAHYA and
HANA HARHARA, Individually and
as Surviving Natural Parents of
MOHAMMED NASSER, a Deceased Minor,
Defendants.
CAUSE NO. 1:11-CV-396
OPINION AND ORDER
Plaintiff filed this case in this Court based on diversity jurisdiction pursuant to 28 U.S.C.
§ 1332(a). (Docket # 1.) The Complaint alleges that, “[o]n information and belief, Defendant
Mohamed N Q Yahya is a citizen and resident of Topeka, LaGrange County, Indiana,” and that,
“[o]n information and belief, Defendant Hana Harhara is a resident and citizen of Topeka,
LaGrange County, Indiana.” (Compl. ¶¶ 4-5.)
Plaintiff’s jurisdictional allegations, however, inadequately set forth the citizenship of the
Defendants, Mohamed N Q Yahya and Hana Harhara. It is well-settled that “[a]llegations of
federal subject matter jurisdiction may not be made on the basis of information and belief, only
personal knowledge.” Yount v. Shashek, 472 F. Supp. 2d 1055, 1057 n.1 (S.D. Ill. 2006) (citing
Am.’s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992)); Ferolie
Corp. v. Advantage Sales & Mktg., LLC, No. 04 C 5425, 2004 WL 2433114, at *1 (N.D. Ill. Oct.
28, 2004); Hayes v. Bass Pro Outdoor World, LLC, No. 02 C 9106, 2003 WL 187411, at *2
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(N.D. Ill. Jan. 21, 2003); Multi-M Int’l, Inc. v. Paige Med. Supply Co., 142 F.R.D. 150, 152
(N.D. Ill. 1992). Consequently, Plaintiff must amend its Complaint with respect to the
citizenship of the Defendants.
Therefore, the Plaintiff is ORDERED to supplement the record by filing an Amended
Complaint on or before December 5, 2011, properly alleging on personal knowledge the
citizenship of Defendant Yahya and Defendant Harhara.
SO ORDERED.
Entered this 21st day of November, 2011.
/S/ Roger B. Cosbey
Roger B. Cosbey,
United States Magistrate Judge
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