Bundy et al v. Transport Desgagnes Inc et al

Filing 4

OPINION AND ORDER affording plaintiffs 20 days from the date of this order within which to file an amended complaint alleging the existence of diversity jurisdiction. Any amendments to the pleadings to be filed by 9/3/2007. Signed by Judge Robert L Miller Jr on 8/14/2007. (rmn)

Bundy et al v. Transport Desgagnes Inc et al

Doc. 4

case 2:07-cv-00261-RLM-APR

document 4

filed 08/14/2007

page 1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION EDWARD BUNDY, et al., Plaintiffs vs. TRANSPORT DESGAGNES, INC., et al., Defendants ) ) ) ) ) ) ) ) ) )

CAUSE NO. 2:07-CV-261 RM

OPINION and ORDER The court has the obligation to inquire into its own subject matter jurisdiction. Thomas v. Guardsmark, LLC, 487 F.3d 531 (7th Cir. 2007). The plaintiffs' complaint does not allege the existence of jurisdiction; it alleges that "[o]n or about September 4, 2005, the plaintiffs Edward W. Bundy and Janette Bundy were citizens and residents of the Village of Westville, Indiana; the defendant, Transport Desgagnes, Inc., was a foreign corporation owning and operating the defendant M/V Catherine Desgagnes, having its principal place of business in Quebec City, Canada." First, the plaintiffs must show the citizenship of each party as of the date the complaint was filed. Jurisdiction depends on the citizenship of the parties "at the time the suit was filed, which is the relevant time." Howell by Goerdt v. Tribune Entertainment Co., 106 F.3d 215, 217 (7th Cir. 1997). In addition, alien corporations are considered to be citizens of their country of incorporation, and while the complaint states that the defendant's principal

Dockets.Justia.com

case 2:07-cv-00261-RLM-APR

document 4

filed 08/14/2007

page 2 of 2

place of business is in Quebec City, Canada, it contains no allegation of the country of incorporation of the defendant. Wilson v. Humphreys (Caymen) Ltd., 916 F.2d 1239, 1242 n.2 (7th Cir. 1990). Although the case may be subject to dismissal on these grounds, Thomas v. Guardsmark, LLC, 487 F.3d at 534, the court instead affords the plaintiffs twenty days from the date of this order within which to file an amended complaint alleging the existence of diversity jurisdiction under 28 U.S.C. § 1332. SO ORDERED. ENTERED: August 14, 2007

/s/ Robert L. Miller, Jr. Chief Judge United States District Court

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