Goral v. Eaton Corporation et al

Filing 31

ORDER - Plaintiff's Third Amended Complaint, (Filing No. 27 ), and Request for Summons, (Filing No. 28 ), are stricken without prejudice to the Plaintiff filing a motion to amend and a proposed amended complaint which includes the information necessary to determine whether diversity jurisdiction will be maintained upon the joinder of MQ Automation, LLC. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANDREA GORAL, Personal Representative of
the Estate of Kristine Griffing, deceased;
4:13CV3003
Plaintiff,
vs.

ORDER

EATON CORPORATION, OMRON STI
MACHINE SERVICES INC.,
Defendants.
This matter is before the court on the court’s own motion. Plaintiff has filed a Third
Amended Complaint, (Filing No. 27), seeking to add MQ Automation, LLC as a defendant in this
action. The Third Amended Complaint provides that MQ Automation, LLC is a Kentucky limited
liability company with its principal office in Indiana, but it does not allege the states of residence for
the LLC’s members.

Such information is necessary for a determination of whether diversity

jurisdiction will exist if MQ Automation is added as a party. The deadline for moving to amend
pleadings in this case is August 30, 2013. See Filing No. 21 (emphasis added). At this stage in the
litigation, the amendment may not be made as a matter of course. Fed. R. Civ. P. 15(a)(2) (pleadings
may be amended only with the written consent of the opposing party or leave of the court).
IT IS ORDERED that the Plaintiff’s Third Amended Complaint, (Filing No. 27), and Request
for Summons, (Filing No. 28), are stricken without prejudice to the Plaintiff filing a motion to amend
and a proposed amended complaint which includes the information necessary to determine whether
diversity jurisdiction will be maintained upon the joinder of MQ Automation, LLC.

Dated this 15th day of July, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge