LOWE v. CAESARS RIVERBOAT CASINO, LLC et al
Filing
9
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 identify the citizenship of the individual members of Defendant Caesars Riverboat Casino, LLC based upon personal knowledge. The statement is due 14 days from the date of this Entry. See Entry for details. Signed by Judge Tanya Walton Pratt on 11/2/2015.(MAG)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION
HARLEN LOWE,
Plaintiff,
v.
CAESARS RIVERBOAT CASINO, LLC, and
SCHINDLER ELEVATOR CORPORATION,
Defendants.
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No. 4:15-cv-00149-TWP-WGH
SECOND ENTRY ON JURISDICTION
On October 28, 2015, the Court ordered the Plaintiff to file a supplemental jurisdictional
statement, identifying the citizenship of Plaintiff Harlen Lowe, the state in which Defendant
Schindler Elevator Corporation has its principal place of business, and the members of Defendant
Caesars Riverboat Casino, LLC with the citizenship of each of the members of the LLC so that the
Court may determine whether it has subject matter jurisdiction over this case (Filing No. 7).
On October 28, 2015, the Plaintiff filed his supplemental jurisdictional statement (Filing
No. 8). However, the jurisdictional statement is deficient in that the statement of citizenship for
the individual members of Defendant Caesars Riverboat Casino, LLC is based “on information
and belief.” (Filing No. 8 at 1, ¶2.) Such a statement is insufficient to allege citizenship.
Jurisdictional allegations must be made upon personal knowledge, not on information and belief,
to invoke the subject matter jurisdiction of the 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;” a statement made “‘to the best of my knowledge
and belief’ is insufficient” to establish diversity jurisdiction); 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 insufficient).
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
identify the citizenship of the individual members of Defendant Caesars Riverboat Casino, LLC
based upon personal knowledge. The statement is due 14 days from the date of this Entry.
SO ORDERED.
Date: 11/2/2015
Distribution:
Brian R. Dettman
bdettman@dettmanlawgroup.com
Curtis Paul Moutardier
BOEHL STOPHER & GRAVES, LLP
cmoutardier@bsg-in.com
Jeffrey L. Hansford
BOEHL STOPHER & GRAVES, LLP
jhansford@bsg-in.com
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