Wann v. Ohio Casualty Insurance et al

Filing 3

MEMORANDUM AND ORDER (See Full Order) IS IT HEREBY ORDERED that plaintiff Richard Lee Wann shall file an amended complaint not later than June 20, 2018, to properly allege this Court's subject-matter jurisdiction. Failure to timely comply with this Order may result in this action being dismissed without prejudice for lack of subject-matter jurisdiction. Signed by District Judge Catherine D. Perry on 6/14/18. (EAB)

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
This newly-filed case is before me for review of subject-matter jurisdiction.
Plaintiff Richard Lee Wann brings this action alleging that several defendants
subjected him to unlawful imprisonment, unlawful imprisonment by chemical
restraint and battery, and intentional and negligent infliction of emotional distress.
He also claims that the defendants committed fraud upon the court during a state
court proceeding and seeks to have that court’s decisions declared null and void.
Finally, Wann seeks relief “in the name of the State of Missouri” for these alleged
violations of Missouri law, as well as for negligent conversion and theft. Wann
invokes this Court’s diversity jurisdiction under 28 U.S.C. § 1332.1
I have reviewed Wann’s complaint and find there to be no adequate statement

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Plaintiff previously filed a similar action raising several of these claims against several of the
same defendants. See Wann v. St. Francois Cty., Mo., Case No. 4:15CV895 CDP.

of citizenship with respect to any of the parties in this case. I will therefore order
him to file an amended complaint to properly allege this Court’s subject-matter
jurisdiction.
Wann claims he resides in California. As to all of the individual defendants,
Wann claims that they either reside or live in Missouri, or can be “found” at various
locations in Missouri. For purposes of diversity, however, a statement of where an
individual resides is insufficient to establish that person’s citizenship. Sanders v.
Clemco Indus., 823 F.2d 214, 216 (8th Cir. 1987).
Wann also names Ohio Casualty Insurance Company as a defendant. With
respect to corporate defendants such as Ohio Casualty, a proper statement of
citizenship includes the corporation’s place of incorporation and its principal place
of business. Sanders, 823 F.2d at 216; see also Americold Realty Trust v. Conagra
Foods, Inc., 136 S. Ct. 1012, 1015 (2016). Here, Wann describes Ohio Casualty
only as “an Ohio insurance company” doing business in Missouri. This is
insufficient to establish the citizenship of this defendant.
Finally, Wann names Farmington Missouri Hospital Co. LLC and The Arbors
Nursing Home, d/b/a Americare at Maplebrook Assisted Living LLC as defendants
in the case and identifies them each as “a Missouri Domestic LLC.” For purposes
of diversity, a limited liability company’s citizenship is the citizenship of all its
members. GMAC Commercial Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d
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827, 829 (8th Cir. 2004). Wann does not identify the members of either LLC. Nor
does he allege the citizenship of all of the members of each LLC.
Because there is no sufficient statement of citizenship with respect to any
party in this case, I am unable to determine if this Court has subject-matter
jurisdiction. Accordingly, I will give Wann until June 20, 2018, to amend his
complaint to properly allege this Court’s subject-matter jurisdiction. Failure to
timely comply with this Order may result in this action being dismissed without
prejudice for lack of subject-matter jurisdiction.
Therefore,
IS IT HEREBY ORDERED that plaintiff Richard Lee Wann shall file an
amended complaint not later than June 20, 2018, to properly allege this Court’s
subject-matter jurisdiction. Failure to timely comply with this Order may result in
this action being dismissed without prejudice for lack of subject-matter jurisdiction.

_______________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 14th day of June, 2018.

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