Kirila Fire Training Facilities v. Smith Erectors, Inc.

Filing 3

OPINION AND ORDER re 1 COMPLAINT filed by Plaintiff Kirila Fire Training Facilities. Plaintiff ORDERED to supplement the record by 12/22/2015 by filing an Amended Complaint that adequately alleges the citizenship of each party. Signed by Magistrate Judge Susan L Collins on 12/8/15. (cer)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
KIRILA FIRE TRAINING
FACILITIES,
Plaintiff,
v.
SMITH ERECTORS, INC.,
Defendant.

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CAUSE NO. 1:15-cv-368-JVB-SLC

OPINION AND ORDER
Plaintiff Kirila Fire Training Facilities filed a complaint against Defendant Smith
Erectors, Inc., on December 4, 2015, alleging that this Court has diversity jurisdiction pursuant
to 28 U.S.C. § 1332. (DE 1). The complaint recites that Plaintiff is an Ohio corporation with its
principal place of business in Ohio, and that “upon information and belief,” Defendant is an
Indiana corporation with its principal place of business in Indiana. (DE 1 ¶ 3).
Plaintiff’s jurisdictional allegations with respect to Defendant are inadequate.
“Allegations 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)); see 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 (N.D. Ill. Jan. 21, 2003). Accordingly, Plaintiff’s “belief” that Defendant is
an Indiana corporation with its principal place of business in Indiana is insufficient.
Therefore, Plaintiff is ORDERED to supplement the record on or before December 22,

2015, by filing an amended complaint that adequately alleges the citizenship of each party.
SO ORDERED.
Enter for this 8th day of December 2015.
/s/ Susan Collins
Susan Collins
United States Magistrate Judge

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