White et al v. Ameristep, Inc.

Filing 6

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, by August 23,2016, plaintiffs shall file an amended complaint which shall allege defendants' principal places of business. Amended/Supplemental Pleadings due by 8/23/2016. Signed by District Judge Stephen N. Limbaugh, Jr on 8/2/16. (CSG)

FILED
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

AUG 02 2016
U. S. DISTRICT COURT
EASTERN DISTRICT OF MO
CAPE GIRARDEAU

JEFFREY WHITE & AMBER WHITE, )
)

Plaintiffs,

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)

vs.

AMERISTEP, INC., et aI.,
Defendants.

)
)
)
)
)

Case No. 4:16-cv-1216 SNLJ

MEMORANDUM and ORDER
This matter is before the Court on review of the tile 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. Plaintiffs allege that they are citizens
of Missouri and that defendants are Michigan and New Jersey corporations. Plaintiffs

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also provide addresses for the Michigan corporation's "corporate office" and the New
Jersey's corporation's "registered agent." However, a corporation is deemed to be a
citizen of both the state in which it is incorporated and the state where it has its principal
place of business. 28 U.S.C. § 1332(c). Plaintiff does not allege where defendants have
their principal place of business.
Because it is the plaintiffs' burden in this case to establish subject matter
jurisdiction, the Court will grant plaintiffs 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 August 23,2016, plaintiffs shall file an

amended complaint which shall allege defendants' principal places of business.

Dated

this2~ay of August, 2016.
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sTIfFtllftN. ~~~8ZJ~:~ .
UNITED STATES DISTRICT JUDGE

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