Hydraulic Performance Machines SRL v. Hercules Machinery Corporation

Filing 11

OPINION AND ORDER re 7 Amended Complaint. Plaintiff is ORDERED to supplement the record on or before 6/23/2015, with an adequate allegation of Defendant's citizenship. Signed by Magistrate Judge Susan L Collins on 6/16/2015. (lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
HYDRAULIC PERFORMANCE
MACHINES SRL,
Plaintiff,
v.
HERCULES MACHINERY
CORPORATION,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

CAUSE NO. 1:15-CV-138-RL-SLC

OPINION AND ORDER
Before the Court is an amended complaint filed by Plaintiff Hydraulic Performance
Machines SRL against Defendant Hercules Machinery Corporation, alleging that this Court has
diversity jurisdiction pursuant to 28 U.S.C. § 1332. (DE 7). Although the amended complaint
now properly alleges Plaintiff’s citizenship, the jurisdictional allegations are still inadequate with
respect to Defendant because they are set forth “[u]pon information and belief.” (DE 7 at ¶ 2).
As the Court explained in its June 2, 2015, Order (DE 6), “[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).
As the party seeking to invoke federal diversity jurisdiction, Plaintiff bears the burden of
demonstrating that the requirement of complete diversity has been met. Chase v. Shop’n Save
Warehouse Foods, Inc., 110 F.3d 424, 427 (7th Cir. 1997). Therefore, Plaintiff is ORDERED to

supplement the record on or before June 23, 2015, with an adequate allegation of Defendant’s
citizenship.
SO ORDERED.
Enter for this 16th day of June, 2015.
s/ Susan Collins
Susan Collins,
United States Magistrate Judge

2