TOVAR SNOW PROFESSIONALS, INC. et al

Filing 18

SECOND ENTRY ON JURISDICTION-The Plaintiff is ORDERED to file a Second Supplemental Jurisdictional Statement that establishes the Court's diversity jurisdiction over this case. This statement should specifically identify the citizenship of All Seasons General Contracting LLC's sole member, Lucas Rhees. This Supplemental Jurisdictional Statement is due 7 days from the date of this Entry. Signed by Judge Tanya Walton Pratt on 3/4/2015.(CBU)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
TOVAR SNOW PROFESSIONALS, INC.,
Plaintiff,
v.
ALL SEASONS GENERAL
CONTRACTING, LLC,
Defendant.

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No. 1:15-cv-00200-TWP-DML

SECOND ENTRY ON JURISDICTION
On February 24, 2015, the Court ordered Plaintiff Tovar Snow Professionals, Inc. to file a
supplemental jurisdictional statement, identifying the members of Defendant All Seasons General
Contracting, LLC, and the citizenship of each member of the LLC, so that the Court may determine
whether it has subject matter jurisdiction over this case (Filing No. 16).
On February 27, 2015, the Plaintiff filed its supplemental jurisdictional statement (Filing
No. 17). However, the jurisdictional statement is still deficient in that the statement of citizenship
for the Defendant’s member asserts, “Mr. Lucas Rhees is the sole member of All Seasons, and
resides in Kokomo (Howard County), Indiana.” (Filing No. 17 at 1.) Such a statement is still
insufficient to allege citizenship. Citizenship is the operative consideration for jurisdictional
purposes. See Meyerson v. Harrah’s East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002)
(“residence and citizenship are not synonyms and it is the latter that matters for purposes of the
diversity jurisdiction”).
Therefore, the Plaintiff is ORDERED to file a Second Supplemental Jurisdictional
Statement that establishes the Court’s diversity jurisdiction over this case. This statement should

specifically identify the citizenship of All Seasons General Contracting, LLC’s sole member,
Lucas Rhees. This Supplemental Jurisdictional Statement is due 7 days from the date of this Entry.
SO ORDERED.

Date: 3/4/2015

Distribution:
Jeremy D. Lemon
HUNT SUEDHOFF & KALAMAROS LLP (Fort Wayne)
[e-mail]
James J. Shea
HUNT SUEDHOFF KALAMAROS
[e-mail]
Linda A. Polley
HUNT SUEDHOFF KALAMAROS LLP
[e-mail]
Jeanne M. Hamilton
SMITH AMUNDSEN, LLC-Indianapolis
[e-mail]

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