Priddy v. Atlantic Specialty Insurance Company et al

Filing 4

OPINION AND ORDER: Plaintiff is granted to and including 11/20/2017 to file an amended complaint that properly alleges federal subject matter jurisdiction o the basis of diversity of citizenship. Signed by Magistrate Judge Susan L Collins on 11/6/17. (ksp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
KENNETH PRIDDY,
Plaintiff,
v.
ATLANTIC SPECIALTY
INSURANCE COMPANY, et al.,
Defendants.

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CASE NO: 1:17-cv-00456-TLS-SLC

OPINION AND ORDER
Before the Court is a complaint filed by Plaintiff Kenneth Priddy, alleging that this Court
has diversity jurisdiction pursuant to 28 U.S.C. § 1332. (DE 1). 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).
Plaintiff alleges in his complaint that he is a citizen of Indiana. (DE 1 ¶¶ 3-4). He further
alleges, upon information and belief, that Defendant Atlantic Specialty Insurance Company is
“an insurance company” with its principal business address in Minnesota, and that Defendant
Brentwood Services Administrators, Inc., is a Tennessee “corporate entity” with its principal
business address in Tennessee. (DE 1 ¶¶ 5-6).
The first problem with Plaintiff’s complaint is that it premises his allegations about
Defendants’ citizenship upon information and belief. “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).
Another problem is that Plaintiff does not allege whether Defendant Atlantic Specialty
Insurance Company is a corporation or the state in which it was incorporated. See N. Trust Co.
v. Bunge Corp., 899 F.2d 591, 594 (7th Cir. 1990) (explaining that 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). And while Defendant Brentwood Services Administrators, Inc.,
presumably is a corporation, Plaintiff should say so, rather than referring to it rather vaguely as
“a corporate entity.”
Accordingly, Plaintiff is granted to and including November 20, 2017, to file an amended
complaint that properly alleges federal subject matter jurisdiction on the basis of diversity of
citizenship.
SO ORDERED.
Entered this 6th day of November 2017.
/s/ Susan Collins
Susan Collins
United States Magistrate Judge

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