Craig et al v. Portland Orthopaedics Limited et al

Filing 3

ORDER signed by Judge Rudolph T. Randa on 3/19/2015. Within 30 days plaintiffs to file amended complaint properly invoking the Court's diversity jurisdiction. Failure to file will result in dismissal for lack of subject matter jurisdiction. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
FRANKLIN CRAIG and GERRY CRAIG,
husband and wife; JEROME JANUSZ and
SHARON JANUSZ, husband and wife; and
PATRICE JARDANOWSKI, a single person,
Plaintiffs,
-vs-

Case No. 15-C-294

PORTLAND ORTHOPAEDICS LIMITED, et al.,
Defendants.
DECISION AND ORDER
This is a diversity products liability action brought by Wisconsin
citizens. The complaint alleges that one of the defendants, Orchid
Orthopedic Solutions, is “a foreign limited liability company organized and
existing pursuant to the laws of the State of Delaware, with its principal
place of business in Holt, Michigan.” ¶ 11. However, the citizenship of a
limited liability company (LLC) for diversity purposes is the citizenship of
each of its members. Bellville Catering Co. v. Champaign Mkt. Place, LLC,
350 F.3d 691, 692 (7th Cir. 2003). Accordingly, the information contained
in paragraph 11 does not establish that the parties in this action are
completely diverse. 28 U.S.C. § 1332(a).
“[N]ot only may the federal courts police subject matter jurisdiction

sua sponte, they must.” Hay v. Indiana State Bd. of Tax Comm’rs, 312 F.3d
876, 879 (7th Cir. 2002). Pursuant to that duty, the plaintiffs are ordered to
file an amended complaint that properly invokes the Court’s diversity
jurisdiction within thirty (30) days of the date of this Order. If no
amended complaint is filed, this matter will be dismissed for lack of subject
matter jurisdiction.
Dated at Milwaukee, Wisconsin, this 19th day of March, 2015.
SO ORDERED:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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