Ratner Steel Supply Co v. Running Cool Express LLC et al
Filing
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OPINION AND ORDER: Plaintiff is ORDERED to supplement the record by filing an amended complaint that properly alleges the citizenship of each of the parties on or before 12/20/2016. Signed by Magistrate Judge Susan L Collins on 12/9/2016. (lhc)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
RATNER STEEL SUPPLY CO.,
Plaintiff,
v.
RUNNING COOL EXPRESS LLC,
et al.,
Defendants.
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CASE NO: 1:16-cv-00409-RL-SLC
OPINION AND ORDER
On December 2, 2016, Plaintiff Ratner Steel Supply Co. filed a complaint against
Defendants Running Cool Express LLC and Jennifer Newsum, alleging that this Court has
diversity jurisdiction pursuant to 28 U.S.C. § 1332. (DE 1). The complaint alleges that Plaintiff
Ratner Steel Supply Co. is a Minnesota corporation with its principal place of business located in
Minnesota. (DE 1 ¶ 1). The complaint further alleges that Defendant Running Cool Express
LLC is an Indiana limited liability company with its “registered office and primary place of
business” located in Indiana, and that Defendant Jennifer Newsum is an individual “residing” in
Indiana. (DE 1 ¶¶ 2-3).
The allegations concerning Defendants’ citizenship are inadequate for purposes of
establishing diversity jurisdiction. A limited liability company’s citizenship “for purposes of . . .
diversity jurisdiction is the citizenship of its members.” Cosgrove v. Bartolotta, 150 F.3d 729,
731 (7th Cir. 1998). Therefore, the Court must be advised of the name and citizenship of each of
the members of Defendant Running Cool Express LLC to ensure that none of the members share
a common citizenship with Plaintiff. See Hicklin Eng’g, L.C. v. Bartell, 439 F.3d 346, 347 (7th
Cir. 2006). Such citizenship must be “traced through multiple levels” for those members of
Defendant Running Cool Express LLC who are a partnership or a limited liability company, as
anything less can result in a dismissal for want of jurisdiction. Mut. Assignment & Indem. Co. v.
Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004).
Also, residency is meaningless for purposes of diversity jurisdiction; an individual’s
citizenship is determined by his or her domicile. Dakuras v. Edwards, 312 F.3d 256, 258 (7th
Cir. 2002); see Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012)
(“[R]esidence may or may not demonstrate citizenship, which depends on domicile—that is to
say, the state in which a person intends to live over the long run.”). Therefore, Plaintiff must
advise the Court of the domicile of Defendant Jennifer Newsum.
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 by filing an amended complaint that properly alleges the citizenship of
each of the parties on or before December 20, 2016.
SO ORDERED.
Entered this 9th day of December 2016.
/s/ Susan Collins
Susan Collins,
United States Magistrate Judge
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