Adams et al v. Allstate Vehicle and Property Insurance Company

Filing 3

ORDER that Plaintiffs shall file an amended complaint to allege the existence of diversity jurisdiction within 14 days. Signed by Honorable Timothy D. DeGiusti on 6/4/2018. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
HARVEY ADAMS and
CHASTITY ADAMS,
Plaintiffs,
v.
ALLSTATE VEHICLE AND
PROPERTY INSURANCE
COMPANY,
Defendant.

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Case No. CIV-18-517-D

ORDER
Upon review, the Court finds Plaintiffs’ Complaint contains insufficient
factual allegations to support the assertion of diversity jurisdiction under 28 U.S.C.
§ 1332.1 In the Complaint, Defendant is alleged to be “a foreign corporation
incorporated under the laws of the State of Illinois, and is an insurance company
registered to engage in the business of insurance in the State of Oklahoma, which
may be served with process through the Oklahoma Insurance Department. . . .” See
Compl., ¶ 2 [Doc. No. 1]. For diversity purposes, a corporation has dual
citizenship—the state of incorporation and where its principal place of business is
located. Newsome v. Gallacher, 722 F.3d 1257, 1267 (10th Cir. 2013). Here, the

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The Court has “an independent obligation to determine whether subject matter
jurisdiction exists” and may raise the issue sua sponte at any time. Arbaugh v. Y&H
Corp., 546 U.S. 500, 514 (2006).

Complaint contains no information concerning Defendant’s principal place of
business and, therefore, fails to allege the citizenship of this party as to establish
complete diversity of citizenship.
IT IS THEREFORE ORDERED that Plaintiffs shall file an amended
complaint to allege the existence of diversity jurisdiction within fourteen (14) days
from the date of this Order.
IT IS SO ORDERED this 4th day of June 2018.

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