AUTO-OWNERS INSURANCE COMPANY v. HARGRAVE et al

Filing 6

ORDER: Accordingly, the Court ORDERS Plaintiff to conduct whatever investigation is necessary and file an Amended Complaint that properly alleges diversity jurisdiction by October 6, 2014. Defendant should wait for the filing of the amended complaint before he files any responsive pleading ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Judge Jane Magnus-Stinson on 9/22/2014.(DW)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
AUTO-OWNERS INSURANCE COMPANY,
Plaintiff,
vs.
WILLIAM L. HARGRAVE, et al.,
Defendants.

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1:14-cv-01512-JMS-DML

ORDER
Plaintiff filed its Complaint in federal court alleging that this Court has diversity jurisdiction over this matter. [Filing No. 1 at 1.] The Court must independently determine whether proper
diversity among the parties exists. Thomas v. Guardsmark, LLC, 487 F.3d 531, 533 (7th Cir.
2007). For the following reason, the Court cannot conclude whether diversity jurisdiction exists.
Plaintiff sets forth the citizenship of certain Defendants based “[u]pon information and
belief.” [Filing No. 1 at 2.] But jurisdictional allegations must be made on personal knowledge,
not on information and belief, to invoke the subject matter jurisdiction of a federal court. See
America’s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (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”); Page v. Wright, 116 F.2d 449, 451 (7th Cir. 1940) (an allegation
of a party’s citizenship for diversity purposes that is “made only upon information and belief” is
unsupported).
Accordingly, the Court ORDERS Plaintiff to conduct whatever investigation is necessary
and file an Amended Complaint that properly alleges diversity jurisdiction by October 6, 2014.

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Defendant should wait for the filing of the amended complaint before he files any responsive
pleading.
_______________________________

September 22, 2014

Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution via ECF only to all counsel of record

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