INDIANAPOLIS AIRPORT AUTHORITY v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Filing 6

ORDER - The Court ORDERS IAA to conduct whatever inquiry it believes to be necessary to make its jurisdictional allegations on personal knowledge and to file an Amended Complaint which addresses the concerns noted above by September 3, 2013. Travelers need not respond to the Complaint, [dkt. 1 ], and its time to answer will run from when it is served with IAA's Amended Complaint. Signed by Judge Jane Magnus-Stinson on 8/21/2013. (JKS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
INDIANAPOLIS AIRPORT AUTHORITY,
Plaintiff,
vs.
TRAVELERS PROPERTY CASUALTY COMPANY
OF AMERICA,
Defendant.

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1:13-cv-1316-JMS-TAB

ORDER TO FILE AMENDED COMPLAINT
On August 19, 2013, Plaintiff Indianapolis Airport Authority (“IAA”) filed a Complaint
against Defendant Travelers Property Casualty Company of America (“Travelers”), alleging that
this Court has diversity jurisdiction over this action. [Dkt. 1 at 1, ¶ 3.] IAA makes the jurisdictional allegations regarding the citizenship of Travelers “[u]pon information and belief,” [id. at 1,
¶ 2]; however, jurisdictional allegations must be made on personal knowledge. See America’s
Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (emphasizing
that only a statement about jurisdiction “made on personal knowledge has any value” and a
statement made “‘to the best of my knowledge and belief’ is insufficient” to engage diversity jurisdiction “because it says nothing about citizenship”).

Additionally, IAA alleges that the

amount in controversy exceeds $75,000, [dkt. 1 at 1, ¶ 3], but that amount must exceed $75,000
“exclusive of interest and costs,” 28 U.S.C. § 1332.
For these reasons, the Court ORDERS IAA to conduct whatever inquiry it believes to be
necessary to make its jurisdictional allegations on personal knowledge and to file an Amended
Complaint which addresses the concerns noted above by September 3, 2013. Travelers need not
respond to the Complaint, [dkt. 1], and its time to answer will run from when it is served with
IAA’s Amended Complaint.
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08/21/2013
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution via ECF only:
Jenny R. Buchheit
ICE MILLER LLP
[e-mail]
Rebecca J. Seamands
ICE MILLER LLP
[e-mail]

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