CARTER et al v. REICHERT et al

Filing 8

ORDER TO FILE AMENDED COMPLAINT PURSUANT TO LR 81.1 - the Carters have 28 days following Defendants' removal on June 2, 2011 to amend their complaint to certify that the amount of damages at issue is at least $75,000, exclusive of interest and costs. Additionally, in their Amended Complaint, Mr. Carter and Ms. Carter must each assert their state of citizenship so that the Court can confirm that it can exercise diversity jurisdiction over this matter. The Carters should be sure to plead their state of citizenship, keeping in mind that residence and citizenship are not synonyms and it is the latter that matters for purposes of diversity jurisdiction. Signed by Judge Jane Magnus-Stinson on 6/3/2011.(See entry for details)(VS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
DUSTIN CARTER, et al.,
Plaintiffs,
vs.
STEVE REICHERT, et al.,
Defendants.

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2:11-cv-0148-JMS-MJD

ORDER TO FILE AMENDED COMPLAINT PURSUANT TO LR 81.1
On June 2, 2011, Defendants Steve Reichert and Cheeseman, LLC (collectively, “Defendants”), removed Plaintiffs Dustin Carter and Kimberly Carter’s personal injury action to this
Court from Putnam Circuit Court. [Dkt. 1.] Defendants did so, alleging that this Court can
properly exercise diversity jurisdiction under 28 U.S.C. § 1332. [Id. at 3.]
Defendants allege that the Carters are both citizens of Indiana. [Dkt. 1 at 1 ¶ 2.] Plaintiffs’ state court complaint, however, does not allege the state of their citizenship.
Moreover, Defendants allege that the amount in controversy exceeds $75,000, exclusive
of interest and costs, because of the extent of the Carters’ injuries, particularly the “permanent”
injuries of Mr. Carter. [Dkt. 1 at 2 ¶ 5.] In their state court complaint, the Carters’ allege that
Mr. Reichart negligently drove a semi-tractor-trailer into the bicycle upon which Mr. Carter was
riding. [Dkt. 1-1 at 2.] The Carters allege that Mr. Carters’ resulting injuries are permanent, but
do not detail the nature of those injuries. [Id. at ¶ 8.]
Pursuant to Local Rule 81.1, the Carters have 28 days following Defendants’ removal on
June 2, 2011 to amend their complaint to certify that the amount of damages at issue is at least
$75,000, exclusive of interest and costs. Additionally, in their Amended Complaint, Mr. Carter
and Ms. Carter must each assert their state of citizenship so that the Court can confirm that it can

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exercise diversity jurisdiction over this matter. The Carters should be sure to plead their state of
citizenship, keeping in mind that “residence and citizenship are not synonyms and it is the latter
that matters for purposes of diversity jurisdiction.” Meyerson v. Harrah’s East Chicago Casino,
299 F.3d 616, 617 (7th Cir. 2002).
06/03/2011
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution via ECF only:
Michael Brian Langford
SCOPELITIS GARVIN LIGHT & HANSON
[e-mail]
Bradford James Smith
KEN NUNN LAW OFFICE
[e-mail]

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