Raible v. Van Wyk, Inc.

Filing 3

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that, by March 21, 2016, plaintiff shall file an amended complaint which shall allege defendants principal place of business. IT IS FURTHER ORDERED that all other proceedings in this case are STAYED pending further order of this Court. Amended/Supplemental Pleadings due by 3/21/2016. Signed by District Judge Stephen N. Limbaugh, Jr on 2/29/16. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DANIEL RAIBLE,
Plaintiff,
v.
VAN WYK, INC.,
Defendant,

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No. 4:16-CV-260 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on review of the file following assignment to the
undersigned. The Eight 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 because the lawsuit is between citizens of different States and the
matter in controversy exceeds the sum of $75,000. Plaintiff alleges that he is a citizen of
Pennsylvania and that defendant is a “corporation duly organized and existing pursuant to

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the laws of the State of Iowa.” However, a corporation is deemed to be a citizen of both
the state in which it is incorporated and the state in which it has its principal place of
business. 28 U.S.C. § 1332(c). Plaintiff does not allege where defendant has its principal
place of business.
Because it is the plaintiffs’ burden in this case to establish subject matter
jurisdiction, the Court will grant plaintiff twenty-one (21) days to file an amended
complaint which 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 subject matter jurisdiction.
Accordingly,

IT IS HEREBY ORDERED that, by March 21, 2016, plaintiff shall file an
amended complaint which shall allege defendant’s principal place of business.
IT IS FURTHER ORDERED that all other proceedings in this case are
STAYED pending further order of this Court.

Dated this

29th

day of February, 2016.
_____________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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