J.R. Marketing, Inc. v. West Coast Contractors of Nevada, Inc.

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that by September 12, 2014, plaintiff shall file an amended complaint that alleges facts establishing the citizenship of each defendant. IT IS FURTHER ORDERED that if plaintiff does not timely and fully comply with this order, this matter will be dismissed without prejudice 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 9/12/2014.) Signed by District Judge Catherine D. Perry on August 29, 2014. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
J.R. MARKETING, INC.
d/b/a AB BOOTH SALES,

)
)
)
Plaintiff,
)
)
vs.
) Case No. 4:14CV1487 CDP
)
MARIO RAMIREZ & WEST COAST )
CONTRACTORS OF NEVADA, INC., )
)
Defendants.
)
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. 2013).
The Complaint in this case asserts that the Court has jurisdiction over the
action pursuant to 28 U.S.C. § 1332 because the lawsuit is between citizens of

different States and the matter in controversy exceeds the sum of $75,000. The
Complaint alleges that Plaintiff J.R. Marketing, Inc. is a Missouri corporation with
its principal place of business located in Missouri. It further alleges that defendant
West Coast Contractors of Nevada is a “Nevada Corporation” and that defendant
Mario Ramirez is a “Nevada resident.” These allegations are insufficient for the
Court to determine whether it has diversity jurisdiction over this matter.
“In order to adequately establish diversity jurisdiction, a complaint must set
forth with specificity a corporate party’s state of incorporation and its principal
place of business. Where the plaintiff fails to state the place of incorporation or the
principal place of business of a corporate party, the pleadings are inadequate to
establish diversity.” Sanders, 823 F.2d at 216 (quoting Joiner v. Diamond M
Drilling Co., 677 F.2d 1035, 1039 (5th Cir. 1982) (emphasis in original)). The
complaint is deficient, because it fails to allege the principal place of business of
the corporate defendant West Coast Contractors of Nevada.
The Complaint also alleges that the individual defendant Ramirez resides in
Nevada, but does not allege facts concerning his citizenship. “A complaint that
alleges merely residency, rather than citizenship, is insufficient to plead diverse
citizenship.” 15 Moore’s Federal Practice § 102.31; see also Sanders, 823 F.2d at
215 & n.1.

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The Court will grant plaintiff fourteen (14) days to file an amended
complaint that alleges facts showing the existence of the requisite diversity of
citizenship of the parties. If plaintiff fails to timely and fully comply with this
Order, the Court will dismiss this matter without prejudice for lack of subjectmatter jurisdiction.
Accordingly,
IT IS HEREBY ORDERED that by September 12, 2014, plaintiff shall
file an amended complaint that alleges facts establishing the citizenship of each
defendant.
IT IS FURTHER ORDERED that if plaintiff does not timely and fully
comply with this order, this matter will be dismissed without prejudice 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.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 29th day of August, 2014.

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