Rogers v. Metals USA Inc. et al

Filing 38

OPINION AND ORDER: The Court ORDERS the Defendant to FILE, on or before 6/25/2019, a supplemental jurisdictional statement identifying (1) the domicile of Jason E. Rogers on 6/1/2019 and (2) the domicile of Jeff Hussey on 6/1/2019. Signed by Chief Judge Theresa L Springmann on 6/12/2019. (bas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
JASON E. ROGERS,
Plaintiff,
v.

CAUSE NO.: 2:17-CV-248-TLS

JEFF HUSSEY and METALS USA
SPECIALITY METALS
NORTHCENTRAL, INC.,
Defendants.
OPINION AND ORDER
This matter is before the Court sua sponte. 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).
The Notice of Removal alleges that the Court’s original subject matter jurisdiction is
based on diversity of citizenship under 28 U.S.C. § 1332. (ECF No. 1, ¶ 1.) Diversity jurisdiction
exists when the parties to an action on each side are citizens of different states, with no defendant
a citizen of the same state as any plaintiff, and the amount in controversy exceeds $75,000.00.
See 28 U.S.C. § 1332(a)(1). As the party seeking to invoke this Court’s jurisdiction, the
Defendant Jeff Hussey bear the burden of demonstrating that the jurisdictional requirements have
been met. Hertz Corp. v. Friend, 559 U.S. 77, 98 (2010); Schur v. L.A. Weight Loss Ctrs., Inc.,
577 F.3d 752, 758 (7th Cir. 2009). A failure to meet that burden can result in a remand to state
court. See Schur, 577 F.3d at 758. In this case, Defendant Hussey has sufficiently alleged that the
amount in controversy exceeds $75,000.00 and has sufficiently alleged the citizenship of the
original corporate defendant Metals USA, Inc. (ECF No. 1.) The Amended Complaint properly

alleges the citizenship of the substituted corporate defendant Metals USA Specialty Metals
Northcentral, Inc.
However, citizenship has not been properly alleged for the individual parties—the
Plaintiff Jason E. Rogers and the Defendant Jeff Hussey. The Notice of Removal alleges that the
Plaintiff Jason E. Rogers “is a resident of Indiana” and that the individual Defendant Jeff Hussey
“is a resident of Illinois.” (ECF No. 1, ¶¶ 4, 5.) Citizenship of a natural person is determined by
domicile, not by residence. Dakuras v. Edwards, 312 F.3d 256, 258 (7th Cir. 2002); see also
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.”); Guar. Nat’l Title Co., Inc. v. J.E.G. Assocs., 101 F.3d
57, 58–59 (7th Cir. 1996) (explaining that statements concerning a party’s “residency” are not
proper allegations of citizenship as required by 28 U.S.C. ' 1332).
Accordingly, the Court ORDERS the Defendant Jeff Hussey to FILE, on or before, June
25, 2019, a supplemental jurisdictional statement identifying (1) the domicile of Jason E. Rogers
on June 1, 2017, and (2) the domicile of Jeff Hussey on June 1, 2017.
SO ORDERED on June 12, 2019.
s/ Theresa L. Springmann
CHIEF JUDGE THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT

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