Johnston & Johnston v. Conseco Life Insurance Co

Filing 25

ORDER: Accordingly, within the next seven (7) days from the date of this order, plaintiff is granted leave of court to file an amended complaint that establishes diversity jurisdiction. See 28 U.S.C. 1653. If plaintiff fail to so comply, or if jurisdiction is found to be lacking, the dismissal will be recommended. Fed.R.Civ.P.12(h)(3). Signed by Magistrate Judge Karen L Hayes on 10/3/12. (crt,DickersonSld, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
JOHNSTON AND JOHNSTON

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CIVIL ACTION NO. 12-1552

VERSUS

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JUDGE ROBERT G. JAMES

CONSECO LIFE INSURANCE
COMPANY

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MAG. JUDGE KAREN L. HAYES

ORDER
Pending before the court are cross-motions for summary judgment. Before reaching the
merits of the case, however, the court must ensure that it enjoys subject matter jurisdiction to
entertain the matter.
Plaintiff Johnston and Johnston file the instant declaratory judgment action under the
court’s diversity jurisdiction, 28 U.S.C. § 1332. Of course, when jurisdiction depends on
citizenship, “citizenship must be ‘distinctly and affirmatively alleged.’” Getty Oil, Div. Of
Texaco v. Ins. Co. of North America, 841 F.2d 1254, 1259 (5th Cir. 1988) (citation omitted)
(emphasis in citing source). This rule requires “strict adherence.” Id. Furthermore, for purposes
of diversity, the citizenship of a partnership is determined by the citizenship of each of its
partners. Int'l Paper Co. v. Denkmann Associates, 116 F.3d 134, 137 (5th Cir. 1997) (citation
omitted). Although plaintiff alleges that it is a Louisiana partnership, with its principal place of
business in Louisiana, it fails to identify its partners or their citizenship as required to establish
diversity.
Accordingly, within the next seven (7) days from the date of this order, plaintiff is
granted leave of court to file an amended complaint that establishes diversity jurisdiction. See 28

U.S.C. § 1653. If plaintiff fail to so comply, or if jurisdiction is found to be lacking, then
dismissal will be recommended. Fed.R.Civ.P. 12(h)(3).
IT IS SO ORDERED.
THUS DONE AND SIGNED, in chambers, at Monroe, Louisiana, this 3rd day of October
2012.

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