MYR EQUIPMENT, LLC v. PLANT SITE LOGISTICS, INC. et al

Filing 25

ORDER - The Court ORDERS the parties to confer regarding the citizenship of Mr. Gwinn, and to file a statement by April 24, 2017 either confirming that Mr. Gwinn is also a citizen of Oregon, or providing the state of Mr. Gwinn's citizenship. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 4/17/2017.(JRB)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MYR EQUIPMENT, LLC,
Plaintiff,
vs.
PLANT SITE LOGISTICS, INC., AM TRANS, INC.
and FULL THROTTLE TRANSPORT, LLC,
Defendants.

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1:17-cv-00463-JMS-MPB

ORDER
On April 14, 2017, the parties filed a Third Amended Joint Statement Regarding Jurisdiction, [Filing No. 24], which properly sets forth Plaintiff Myr Equipment, LLC’s citizenship as
required by the Court’s April 11, 2017 Order, [Filing No. 23]. In reviewing the Third Amended
Joint Statement, however, the Court noticed another issue with the parties’ jurisdictional allegations. Specifically, the parties state that the sole member of Defendant Full Throttle Transport,
LLC is “Adam Joseph Gwinn….who is an Oregon resident….” [Filing No. 24 at 2.] An allegation
of residency is inadequate. McMahon v. Bunn-O-Matic Corp., 150 F.3d 651, 653 (7th Cir. 1998).
Residency and citizenship are not the same, and it is the latter that matters for purposes of diversity.
Meyerson v. Harrah’s East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). Citizenship “is
the place one intends to remain.” Dakuras v. Edwards, 312 F.3d 256, 258 (7th Cir. 2002); see also
Muscarello v. Ogle County Bd. of Comm’rs, 610 F.3d 416, 424 (7th Cir. 2010) (listing evidence
supporting plaintiff’s citizenship as amount of time spent in state each year, place of voter registration, place of driver’s license, address for government benefits, and address for tax bills).

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The Court ORDERS the parties to confer regarding the citizenship of Mr. Gwinn, and to
file a statement by April 24, 2017 either confirming that Mr. Gwinn is also a citizen of Oregon, or
providing the state of Mr. Gwinn’s citizenship.

Date: April 17, 2017

Distribution via ECF only to all counsel of record

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