BirchRea Partners, Inc. v. Regent Bank et al

Filing 6

OPINION AND ORDER: The Court ORDERS Plaintiff to FILE a Supplemental Jurisdictional Statement, which alleges the principal place of business for Plaintiff and Defendant Home Bancshares, Inc. on or before 3/9/2018. Signed by Magistrate Judge Paul R Cherry on 2/26/18. (ksp) (cc: Counsel for Plaintiff)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
BIRCH|REA PARTNERS, INC.,
Plaintiff,
v.
REGENT BANK, STONEGATE BANK, and
HOME BANCSHARES, INC.,
Defendants.

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) CAUSE NO. 1:18-CV-30-TLS-PRC
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OPINION AND ORDER
This matter is before the Court sua sponte.
Plaintiff Birch|REA Partners, Inc. filed a Complaint in the United States District Court for
the Southern District of Florida on February 13, 2018, based on diversity jurisdiction pursuant to
28 U.S.C. § 1332(a). By Order dated February 22, 2018, the case was transferred to this district.
The Court must continuously police its subject matter jurisdiction. Hay v. Ind. State Bd. of
Tax Comm’rs, 312 F.3d 876, 879 (7th Cir. 2002). 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).
Anything less can result in a dismissal. Mut. Assignment & Indem. Co. v. Lind-Waldock & Co., LLC,
364 F.3d 858, 861 (7th Cir. 2004). The jurisdictional allegations of the Complaint are deficient
because there is insufficient information to determine the citizenship of Plaintiff and of Defendant
Home BancShares, Inc. Both of these parties are corporations.
A corporation is a citizen of every state and foreign state in which it has been incorporated
and the state or foreign state where it has its principal place of business. See 28 U.S.C. § 1332(c)(1);
see also Hertz Corp. v. Friend, 559 U.S. 77, 92-93 (2010) (holding that the term “principal place
of business” refers to the corporation’s “nerve center,” that is, the place where a corporation’s

officers direct, control, and coordinate the corporation’s activities). The Complaint alleges only that
Plaintiff is a Massachusetts corporation with a Massachusetts address. Similarly, the Complaint
alleges only that Defendant Home BancShares, Inc. is an Arkansas corporation with a registered
address in Arkansas. There is no allegation of either party’s principal place of business. Plaintiff
must correct these deficiencies.
Accordingly, the Court ORDERS Plaintiff Birch|REA Partners, Inc. to FILE a Supplemental
Jurisdictional Statement, which alleges the principal place of business for Plaintiff and Defendant
Home BancShares, Inc., on or before March 9, 2018.
SO ORDERED this 26th day of February, 2018.
s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATES DISTRICT COURT

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