Super 8 Worldwide Inc v. Whitewater Hotels Inc et al

Filing 8

ORDER signed by Judge Lynn Adelman on 12/13/13 that, within ten days of the date of this order, plaintiff amend its jurisdictional allegations to include information about the domicile of defendants Kamlesh and Ramesh Shah so that I may ensure that I have jurisdiction over this matter. (cc: all counsel)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

SUPER 8 WORLDWIDE, INC.,
Plaintiff,
v.

Case No. 13-C-1267

WHITEWATER HOTELS, INC., et al.,
Defendants.

ORDER
Plaintiff has filed a lawsuit in this court and alleges that federal subject matter
jurisdiction exists under 28 U.S.C. § 1332. Two of the defendants are individuals, and the
plaintiff alleges that these individuals are residents of Illinois and Wisconsin, respectively.
However, the citizenship of an individual is determined by the individual’s domicile, which
may or may not be the same as the individual’s residence. An allegation of “residence” is
therefore deficient to show diversity of citizenship. See, e.g., Heinen v.Northrop Grumman
Corp., 671 F.3d 669, 670 (7th Cir. 2012).
THEREFORE, IT IS ORDERED that, within ten days of the date of this order,
plaintiff amend its jurisdictional allegations to include information about the domicile of
defendants Kamlesh and Ramesh Shah so that I may ensure that I have jurisdiction over
this matter.
Dated at Milwaukee, Wisconsin, this 13th day of December, 2013.
s/ Lynn Adelman
_______________________________
LYNN ADELMAN
District Judge