AIRIS v. REPUCARE, et al.
Filing
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ENTRY ON JURISDICTION - Therefore, the Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the citizenship of the parties. This jurisdictional statement is due fourteen (14) days from the date of this Entry. (See entry.) Signed by Judge Tanya Walton Pratt on 11/10/2016.(JLS)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
RICHARD AIRIS,
Plaintiff,
v.
REPUCARE, INC., and
BILLIE DRAGOO,
Defendants.
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No. 1:16-cv-02905-TWP-TAB
ENTRY ON JURISDICTION
It has come to the Court’s attention that the Complaint fails to allege all of the facts
necessary to determine whether this Court has subject matter jurisdiction over this case. The
Complaint alleges that this Court has jurisdiction based upon diversity of citizenship. However,
the Complaint fails to sufficiently allege the citizenship of the parties. 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”).
The Complaint alleges that “Plaintiff, Richard Airis, is a resident of Florida and a Member
of RepuStaff, LLC, an Indiana Limited Liability Company (‘RepuStaff’).” Further, the Complaint
alleges that “Defendant, Billie K. Dragoo, is a resident of Indiana, a Member of RepuStaff, and
the Manager of RepuStaff since its inception in 2004.” (Filing No. 1 at 2.) These allegations of
residency, not citizenship, are not sufficient to allow the Court to determine whether diversity
jurisdiction exists.
Therefore, the Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that
establishes the Court’s jurisdiction over this case. This statement should specifically identify the
citizenship of the parties. This jurisdictional statement is due fourteen (14) days from the date of
this Entry.
SO ORDERED.
Date: 11/10/2016
Distribution:
Mikel D. McKinley, Jr.
COOK & WATKINS PLC
mikel@cookwatkins.com
Jeffrey A. Hokanson
FROST BROWN TODD LLC
jhokanson@fbtlaw.com
Kandi Kilkelly Hidde
FROST BROWN TODD LLC
khidde@fbtlaw.com
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