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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?