Williams v. Werner Enterprises, Inc. et al

Filing 2

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, by November 17, 2017, plaintiff shall file an amended complaint that states McGhee's state of citizenship and Werner Enterprises, Inc.'s state of its principal place of business. IT IS FURTHE R 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. Amended/Supplemental Pleadings due by 11/17/2017. Signed by District Judge Stephen N. Limbaugh, Jr on 10/27/2017. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JAMIE WILLIAMS
Plaintiff,
v.
WERNER ENTERPRISES, INC.,
and JEFFERY O. MCGHEE,
Defendants.

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Case No. 1:17-CV-189-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 Complaint (#1) asserts that the Court has jurisdiction over the action pursuant
to 28 U.S.C. § 1332(a) because the lawsuit is between citizens of different states and the
matter in controversy exceeds the sum of $75,000. In a diversity case, an individual’s
state of citizenship—not state of residence—must be alleged. Reece v. Bank of N.Y.
Mellon, 760 F.3d 771, 777–78 (8th Cir. 2014). And a corporation’s state of incorporation

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and state of its principal place of business must be alleged because a corporation is
considered a citizen of both of these states. 28 U.S.C. § 1332(c)(1). The Complaint
alleges that “Defendant Jeffery O. McGhee is a resident of the County of Tuscaloosa,
State of Alabama . . . .” (#1 at 2, ¶ 3) (emphasis added). It also alleges that “Defendant
Werner Enterprises, Inc. is a Nebraska corporation authorized to do business in the State
of Missouri and doing business in the State of Missouri as a transportation company . . .
.” (#1 at 2, ¶ 2). Plaintiff must allege McGhee’s state of citizenship, not just his state of
residence. Plaintiff must also allege the state of Werner Enterprises, Inc.’s principal
place of business.
Because it is the plaintiff’s burden to establish subject matter jurisdiction, the
Court will grant plaintiff twenty-one (21) days to file an amended complaint that states
McGhee’s state of citizenship and Werner Enterprises, Inc.’s state of its principal place of
business. If plaintiff fails to timely and fully comply with this Order, the Court will
dismiss this case for lack of subject matter jurisdiction.
Accordingly,
IT IS HEREBY ORDERED that, by November 17, 2017, plaintiff shall file an
amended complaint that states McGhee’s state of citizenship and Werner Enterprises,
Inc.’s state of its principal place of business.
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.
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So ordered this 27th day of October, 2017.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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