Shrock et al v. New England Compounding Pharmacy Inc
Filing
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OPINION AND ORDER, Plaintiffs' second amended complaint to be filed by 12/20/2012 remedying the jurisdictional deficiencies. Signed by Judge Robert L Miller, Jr on 12/6/12. (smp)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
JANET SHROCK AND
FRED SHROCK,
PLAINTIFFS,
VS.
NEW ENGLAND COMPOUNDING
PHARMACY, INC.,
DEFENDANT.
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CAUSE NO. 3:12-CV-726-RLM-CAN
OPINION and ORDER
On November 27, the court gave plaintiffs Janet and Fred Shrock twenty
days to correct the jurisdictional deficiencies in their complaint. Mr. and Mrs.
Shrock filed an amended complaint on December 4, 2012, realleging that Mrs.
Shrock was a resident of Elkhart County, Indiana and identifying Mr. Shrock
as a resident of Elkhart County, Indiana. The plaintiffs’ amended complaint
doesn’t sufficiently identify the citizenship of either plaintiff. As the court noted
in its previous order, the citizenship of an individual depends on domicile, not
residence. Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir.
2012).
The plaintiffs’ complaint also doesn’t sufficiently identify the citizenship
of defendant New England Compounding Pharmacy, Inc. For a corporation,
“the plaintiff must allege both the state of incorporation and the state of the
principal place of business.” McCready v. eBay, Inc., 453 F.3d 882, 891 (7th
Cir. 2006) (quoting Casio, Inc. v. S.M. & R. Co., Inc., 755 F.2d 528, 529–530
(7th Cir.1985)). The principal place of business is “the place where a
corporation's
officers
direct,
control,
and
coordinate
the
corporation's
activities.” Hertz Corp. v. Friend, 130 S. Ct. 1181, 1192 (2010). This “nerve
center” of the corporation is typically - but not always - the corporation’s
headquarters. Id.
The court accordingly, affords the plaintiffs fourteen days from the date
of his order within which to file a second amended complaint remedying the
jurisdictional deficiencies. Failure to do so may result in dismissal. See Thomas
v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007); Holz v. Terre Haute
Regional Hospital, 123 Fed.Appx. 712, 713-714 (7th Cir. 2005).
SO ORDERED.
ENTERED: December 6, 2012
/s/ Robert L. Miller, Jr.
Judge
United States District Court
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