Bruck v. Target Corporation

Filing 7

ORDERED: This case will be dismissed on May 29, 2018, unless Plaintiff files an additional amended pleading properly alleging jurisdiction on or before that date. A third opportunity to properly plead jurisdiction will not be accorded. In the absence of an appropriate filing, this action will be dismissed. Signed by Judge Sam E Haddon on 5/21/2018. (HEG)

IN THE UNITED STATES DISTRICT COURT

FILED

FOR THE DISTRICT OF MONTANA

MAY 2 I 2018
HELENA DIVISION

Clerk, U.S. District Court
District Of Montana
Helena

GAYNELL M. BRUCK,
Plaintiff,

No. CV-18-62-H-SEH

vs.
ORDER

TARGET CORPORATION, a
Minnesota Corporation,
Defendants.
On May 11, 2018, Plaintiff was ordered to file an amended complaint
properly alleging jurisdiction.' A First Amended Complaint and Jury Trial
Demand ("Amended Complaint") was filed on May 17, 2018. 2 Jurisdiction is still
not properly pleaded.
"A corporation, for purposes of diversity, is a citizen of both the state of
incorporation and of the state in which it has its principal place of business.
Montrose Chemical Corp. v. American Motorists Ins. Co., 117 F.3d 1128, 1134
(9th Cir. 1997); 28 U.S.C. § 1332( c)(l)." 3 The Amended Complaint alleges that
1

Doc. 3.

2

Doc. 5.

3

Doc. 3 at 2-3 (emphasis added).

Defendant Target Corporation "is a citizen and a corporation with its principal
place of business located in the State ofMinnesota." 4 The Amended Complaint
does not address both state of incorporation and principal place of business. "In a
diversity case an allegation that a corporation is a citizen of a state is insufficient
without an allegation as to the state in which it is incorporated and that state in
which it has its principal place of business." Veeck v. Commodity Enters., Inc., 487
F.2d 423,426 (9th Cir. 1973); See 28 U.S.C. § 1332.
ORDERED:
This case will be dismissed on May 29, 20 I 8, unless Plaintiff files an
additional amended pleading properly alleging jurisdiction on or before that date.
A third opportunity to properly plead jurisdiction will not be accorded. In the
absence of an appropriate
DATEDthis

ff

ng, this action will be dismissed.

A/ 1/
dayofMay,2018

Afti?;;l~""\
United States District Judge

4

Doc. 5 at 2.
-2-