Sandifer v. Kneller et al

Filing 4

ORDER signed by Judge Rudolph T. Randa on 4/8/2014. By 5/9/2014 Plaintiffs may file amended complaint curing jurisdictional deficiencies. Failure to file by stated deadline will result in dismissal of action for lack of subject matter jurisdiction. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RAVEN J. SANDIFER, and
RAVENOUS ENTERPRISES, INC.,
Plaintiffs,
v.

Case No. 14-C-325

GARY KNELLER,
LINDA L. BROWN,
EDWARD MCGUIRE, and
RAJIV PANDYA,
Defendants.
DECISION AND ORDER

The Plaintiffs, Raven J. Sandifer (“Sandifer”), and Ravenous Enterprises, Inc.
(“Ravenous”), filed this action on March 24, 2014, invoking the Court’s diversity
jurisdiction under 28 U.S.C. § 1332. Attorneys have a professional obligation to analyze
subject-matter jurisdiction before judges need to question the allegations. Heinen v.
Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). However, the Court has
an independent obligation to enforce the limits of its subject matter jurisdiction. Carroll
v. Stryker Corp., 658 F.3d 675, 680 (7th Cir. 2011). The burden of persuasion for
establishing diversity jurisdiction remains on the party asserting it. Hertz Corp. v. Friend,
559 U.S. 77, 96 (2010).
The jurisdictional allegations of the Complaint are inadequate; each Defendant is
alleged “upon information and belief” to be a citizen and resident of Georgia. (See
Compl. ¶¶ 8-11.) (ECF No. 1.) Allegations regarding the citizenship of a party based on

information and belief are insufficient to establish jurisdiction, such allegations must be
based upon personal knowledge. See Am.’s Best Inns, Inc. v. Best Inns of Abilene, L.P.,
980 F.2d 1072, 1074 (7th Cir. 1992). Furthermore, the residence of an individual is
irrelevant; only the citizenship of the individual is relevant. Id. Citizenship depends on
domicile; the state in which a person intends to live over the long run. See Heinen, 671
F.3d at 670 (citing Gilbert v. David, 235 U.S. 561 (1915); Steigleder v. McQuesten, 198
U.S. 141 (1905); Denny v. Pironi, 141 U.S. 121 (1891); Robertson v. Cease, 97 U.S. 646
(1878)).
The Court will set a deadline for the Plaintiffs to file an amended complaint curing
these jurisdictional deficiencies. Failure to file an amended complaint by the stated
deadline will result in the dismissal of this action for lack of subject matter jurisdiction.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT:
No later than May 9, 2014, the Plaintiffs may file an amended complaint.
Failure to file an amended complaint by the stated deadline will result in the
dismissal of this action for lack of subject matter jurisdiction.
Dated at Milwaukee, Wisconsin, this 8th day of April, 2014.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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