Sey et al v. Thor Motor Coach, Inc.

Filing 18

OPINION AND ORDER: Defendant is AFFORDED to and including 12/2/2024, to file a supplemental jurisdiction statement that adequately alleges Plaintiffs citizenship. Defendant is ORDERED to file a corporate disclosure statement in compliance with Fed eral Rule of Civil Procedure 7.1(a) and this Courts General Order 2023-06 on or before 12/2/2024. In turn, Plaintiffs are each ORDERED to file a disclosure statement in compliance with Rule 7.1(a)(2) on or before 12/2/2024. Signed by Magistrate Judge Susan L Collins on 11/26/2024. (sej)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
MICHAEL J. SEY, an individual, et al.,
Plaintiffs,
v.
THOR MOTOR COACH INC.,
a Delaware corporation,
Defendant.

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Cause No. 3:24-cv-00928-HAB-SLC

OPINION AND ORDER
Plaintiffs filed this case in Yolo County Superior Court on June 21, 2024, and Defendant
subsequently removed the action to the United States District Court for the Eastern District of
California, alleging diversity of citizenship as the basis for jurisdiction under 28 U.S.C. § 1332.
(ECF 1). The case was transferred to this Court on November 15, 2024. (ECF 14). Subject matter
jurisdiction is the first issue that must be addressed, Baker v. IBP, Inc., 357 F.3d 685, 687 (7th
Cir. 2004), and thus, the Court raises the issue sua sponte, pursuant to Federal Rule of Civil
Procedure 12(h)(3).
Defendant’s diversity allegations in the notice of removal are lacking in one respect.
Defendant recites that it “is informed and believes that Plaintiffs are residents of West
Sacramento . . . and a citizen of California.” (ECF 1 ¶ 3). But “[a]llegations 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) (citations
omitted); see also Am.’s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th
Cir. 1992); Ferolie Corp. v. Advantage Sales & Mktg., LLC, No. 04 C 5425, 2004 WL 2433114,

at *1 (N.D. Ill. Oct. 28, 2004).
Therefore, Defendant is AFFORDED to and including December 2, 2024, to file a
supplemental jurisdiction statement that adequately alleges Plaintiffs’ citizenship. See Chase v.
Shop ‘N Save Warehouse Foods, Inc., 110 F.3d 424, 427 (7th Cir. 1997) (stating that the party
seeking to invoke federal diversity jurisdiction bears the burden of demonstrating that the
requirement of complete diversity has been met).
As an additional matter, Defendant is ORDERED to file a corporate disclosure statement
in compliance with Federal Rule of Civil Procedure 7.1(a) and this Court’s General Order 202306 on or before December 2, 2024. In turn, Plaintiffs are each ORDERED to file a disclosure
statement in compliance with Rule 7.1(a)(2) on or before December 2, 2024.
SO ORDERED.
Entered this 26th day of November 2024.
/s/ Susan Collins
Susan Collins
United States Magistrate Judge

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