Barnfield v. Terex Corporation

Filing 36

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, by October 23, 2017, plaintiff shall file a second amended complaint that shall allege Terex Aerials, Inc.'s state of incorporation. IT IS FURTHER ORDERED that if plaintiff does not timely and fu lly comply with this Order, this matter will be dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that all other proceedings in this case are STAYED pending further order of this Court. Response to Court due by 10/23/2017. Signed by District Judge Stephen N. Limbaugh, Jr on 10/2/17. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
SHANNON BARNFIELD,
Plaintiff,
v.
TEREX CORPORATION and,
TEREX AERIALS, INC.
Defendants.

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Case No. 1:14-CV-15-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on review of the file. The Eighth Circuit has
admonished district courts to “be attentive to a satisfaction of jurisdictional requirements
in all cases.” Sanders v. Clemco Indus., 823 F.2d 214, 216 (8th Cir. 1987). “In every
federal case the court must be satisfied that it has jurisdiction before it turns to the merits
of other legal arguments.” Carlson v. Arrowhead Concrete Works, Inc., 445 F.3d 1046,
1050 (8th Cir. 2006). “A plaintiff who seeks to invoke diversity jurisdiction of the
federal courts must plead citizenship distinctly and affirmatively.” 15 James Wm.
Moore, et al., Moore’s Federal Practice § 102.31 (3d ed. 2010).
The First Amended Complaint (#14) asserts that the Court has jurisdiction
pursuant to 28 U.S.C. § 1332 because the lawsuit is between citizens of different states
and the matter in controversy exceeds $75,000. It also alleges “that Defendant Terex
Aerials, Inc. is and was at all times herein mentioned a Corporation owned, controlled or

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operated by Defendant Terex Corporation with its principal office and place of business
in the State of South Carolina . . . .”
A corporation is a citizen of the state where it is incorporated and the state where it
has its principal place of business. 28 U.S.C. § 1332(c)(1). Here, plaintiff pled only the
state of Terex Aerials, Inc.’s principal place of business; plaintiff did not plead Terex
Aerials, Inc.’s state of incorporation. Because it is the plaintiff’s burden to establish
subject matter jurisdiction, the Court will grant plaintiff twenty-one (21) days to file a
second amended complaint that alleges facts showing the existence of the required
diversity of citizenship. If plaintiff fails to timely and fully comply with this Order, the
Court will dismiss this matter without prejudice for lack of subject matter jurisdiction.
Accordingly,
IT IS HEREBY ORDERED that, by October 23, 2017, plaintiff shall file a
second amended complaint that shall allege Terex Aerials, Inc.’s state of incorporation.
IT IS FURTHER ORDERED that if plaintiff does not timely and fully comply
with this Order, this matter will be dismissed for lack of subject matter jurisdiction.
IT IS FURTHER ORDERED that all other proceedings in this case are
STAYED pending further order of this Court.

Dated this

2nd

day of October, 2017.

_______________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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