General Electric Capital Corporation v. General Investment, L.L.C.

Filing 14

OPINION AND ORDER re 5 AMENDED COMPLAINT against General Investment, L.L.C., filed by General Electric Capital Corporation. Plaintiff is ORDERED to filed an amended supplement to the amended complaint by 9/30/2014, properly setting forth the citizenship of the parties. Signed by Magistrate Judge Roger B Cosbey on 9/16/2014. (lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
GENERAL ELECTRIC CAPITAL
CORPORATION,
Plaintiff,
v.
GENERAL INVESTMENT, LLC,
Defendant.

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Cause No. 1:14-cv-203

OPINION AND ORDER
Plaintiff filed this breach of contract action in this Court based on diversity jurisdiction
pursuant to 28 U.S.C. § 1332(a). (Docket # 1.) In response to the Court’s prior Orders (Docket #
4, 6), Plaintiff has filed an amended complaint (Docket # 5) and now a supplement to the
complaint (Docket # 10) to attempt to correct deficiencies and properly allege the jurisdiction of
the parties. Plaintiff, however, still fails to adequately do so.
Plaintiff’s supplement to the amended complaint is deficient because it fails to properly
allege the jurisdiction of two members of Defendant General Investment, LLC–Tandem
Transport Corporation and Consolidated Transport Systems, Inc. Plaintiff recites that “Tandem
is a corporation authorized and doing business in the State of Indiana,” and that “Consolidated is
a corporation authorized and doing business in the State of Indiana.” (Pl.’s Supplement to Its
Am. Compl. ¶¶ 6, 7.)
But a corporation’s citizenship is determined both by its state of incorporation and where
it maintains its principal place of business. N. Trust Co. v. Bunge Corp., 899 F.2d 591, 594 (7th
Cir. 1990) (Corporations “are deemed to be citizens of the state in which they are incorporated
and the state in which they have their principal place of business.”); see 28 U.S.C. § 1332(c)(1).

As such, the supplement needs to be amended to allege with respect to each Tandem and
Consolidated: (1) its state of incorporation, and (2) where it maintains its principal place of
business.
Accordingly, Plaintiff is ORDERED to filed an amended supplement to the amended
complaint on or before September 30, 2014, properly setting forth the citizenship of the parties.
SO ORDERED.
Enter for this 16th day of September, 2014.
s/ Roger B. Cosbey
Roger B. Cosbey,
United States Magistrate Judge

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