Jenkins et al v. Burkey et al

Filing 29

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, by March 17, 2016, plaintiff shall file a Second Amended Complaint in accordance with this memorandum and Federal Rule of Civil Procedure 10(b), using numbered paragraphs and setting forth the member s of Lewis Roca Rothgerber LLP and the citizenship of each of those members. 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. Response to Court due by 3/17/2016. Signed by District Judge Stephen N. Limbaugh, Jr on 3/3/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SCOTT JENKINS and,
RHONDA ALEXANDROPOULOS
Plaintiffs,
v.
BRUCE BURKEY, et al.,
Defendants,

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No. 4:15CV1494 SNLJ

MEMORANDUM AND ORDER
On February 12, 2016, this Court ordered plaintiffs to file an amended complaint
setting forth the setting forth the place of incorporation and principal place of business of
Taylor Law Firm, P.C. and the members of Lewis Roca Rothgerber LLP and the
citizenship of each of those members. Plaintiffs filed an amended complaint on February
22, 2016 (#28). The amended complaint states the Taylor Law Firm’s place of
incorporation and principal place of business. However, the amended complaint does not
appear to list all the members of Lewis Roca Rothgerber LLP and their citizenship --rather, plaintiffs state only that fellow defendants Joice Bass and Jennifer Hostetler were
members and that they are Nevada citizens. Plaintiffs much allege each member of the
Lewis Roca Rothgerber law firm and their citizenship. See GMAC Commercial Credit,
LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).

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In addition, the Court notes that plaintiffs have not complied with Federal Rule of
Civil Procedure 10(b), which requires that a “party must state its claims or defenses in
numbered paragraphs.”
Plaintiffs should file a Second Amended Complaint with this Court no later than
March 17, 2016 that remedies both of these deficiencies.
Accordingly,
IT IS HEREBY ORDERED that, by March 17, 2016, plaintiff shall file a Second
Amended Complaint in accordance with this memorandum and Federal Rule of Civil
Procedure 10(b), using numbered paragraphs and setting forth the members of Lewis
Roca Rothgerber LLP and the citizenship of each of those members.
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.
Dated this

3rd

day of March, 2016.

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

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