Wann v. Ohio Casualty Insurance et al

Filing 14

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that this action is dismissed without prejudice for lack of subject-matter jurisdiction. Signed by District Judge Catherine D. Perry on June 21, 2018. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RICHARD LEE WANN,
Plaintiff,
v.
OHIO CASUALTY INSURANCE
COMPANY, et al.,
Defendants.

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No. 4:18 CV 833 CDP

MEMORANDUM AND ORDER
Invoking this Court’s diversity jurisdiction under 28 U.S.C. § 1332, plaintiff
Richard Lee Wann brings this action against several defendants raising several state
law claims. He also seeks relief “in the name of the State of Missouri” for alleged
violations of Missouri law. I recently ordered Wann to file an amended complaint
to cure several defects regarding the citizenship of all parties named in the action. I
cautioned Wann that failure to cure these defects would result in the dismissal of this
action without prejudice. Wann has filed his amended complaint, but my review
shows that it continues to fail to adequately allege diversity jurisdiction. I will
therefore dismiss the case without prejudice.
Wann continues to fail to adequately allege the citizenship of several parties,
including defendant Sheila Bridges and newly-added defendant Liberty Mutual
Group, Inc. Further, Wann makes a confusing averment that defendant Farmington

Missouri Hospital Corporation merged with an LLC, which is the “surviving
company,” but makes no assertion regarding the citizenship of any LLC members.
Finally, Wann brings this action as an individual and also “in the name of the State
of Missouri.” But because several defendants are alleged to be citizens of Missouri,
it would appear that complete diversity between the parties is nevertheless lacking
regardless.
The burden of establishing federal court jurisdiction rests with Wann, the
party asserting such jurisdiction. Kokkonen v. Guardian Life Ins. Co. of Am., 511
U.S. 375, 377 (1994). I am not satisfied that Wann has met his burden here.
Accordingly,
IT IS HEREBY ORDERED that this action is dismissed without prejudice
for lack of subject-matter jurisdiction.

_______________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 21st day of June, 2018.

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