Indian Harbor Insurance Company v. Municipal Mortgage & Equity, LLC et al

Filing 16

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for additional time to and to conduct limited discovery [# 14 ] is GRANTED. Plaintiff shall report to the status of its attempts to discover the citizenship of these defendant s no later than February 5, 2014. IT IS FURTHER ORDERED that the stay previously entered is lifted, and plaintiff should supplement its allegations of diversity as soon as it receives the information needed. (Status Report due by 2/5/2014.) Signed by District Judge Catherine D. Perry on December 6, 2013. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
INDIAN HARBOR INS. CO.,
Plaintiff,
vs.
MUNICIPAL MORTGAGE &
EQUITY, LLC, et al.,
Defendants.

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Case No. 4:13CV1551 CDP

MEMORANDUM AND ORDER
In response to my order that plaintiff file an amended complaint with proper
allegations of diversity, plaintiff has requested additional time and seeks leave to
take limited jurisdictional discovery. Under all the circumstances of this case, I
believe limited discovery is appropriate.
The Eighth Circuit Court of Appeals has recognized that limited discovery
may be an appropriate way to determine whether diversity of citizenship exists
where limited partnerships or other non-corporate entities are sued. In Joyce v.
Armstrong, 4:08CV1390 CEJ, the Court of Appeals entered an order that
jurisdictional discovery be conducted to determine the citizenship of a limited
liability partnership. See August 9, 2010 Order of USCA, docket entry # 54, in
Case No. 4:08CV1390 CEJ.

Plaintiff has diligently attempted to determine the citizenship of these
entities, but has been unable to do so. It appears that plaintiff has good reason to
believe complete diversity exists. Because I cannot proceed until we know that for
sure, I will grant the request for more time and for limited discovery into the
citizenship of the parties.
I also note that plaintiff has filed returns of summonses indicating that three
of the defendants have been properly served and are in default. Once plaintiff is
able to establish that this court has diversity jurisdiction, plaintiff should file
motions for entry of default and default judgment as to those defendants.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for additional time to
and to conduct limited discovery [#14] is GRANTED. Plaintiff shall report to the
status of its attempts to discover the citizenship of these defendants no later than
February 5, 2014.
IT IS FURTHER ORDERED that the stay previously entered is lifted, and
plaintiff should supplement its allegations of diversity as soon as it receives the
information needed.
______________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 6th day of December, 2013.
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