Springs Window Fashions, LLC v. D&S, Inc. et al

Filing 21

ORDER Requiring Proof of Diversity of Citizenship. Proof of diversity of citizenship due 7/12/2011. Signed by District Judge Barbara B. Crabb on 6/29/2011. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPRINGS WINDOW
FASHIONS, LLC,
ORDER
Plaintiff,
11-cv-226-bbc
v.
DALPHIS, LLC; D&S, INC.,
CHARLES F. DUFFLEY, and
BENJAMIN D. MORRIS,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This is a civil action for injunctive and monetary relief brought by plaintiff Springs
Window Fashions, LLC, for breach of contract, breach of guarantee, common law unfair
competition, defamation and product disparagement. Defendants Dalphis, LLC, D&S, Inc.,
Charles F. Duffley and Benjamin D. Morris have moved to dismiss for various reasons and
have also filed a notice of suggestion of bankruptcy as to defendant Dalphis, LLC.
Before any of these matters may be addressed, it is necessary to take up the question
of subject matter jurisdiction. Plaintiff asserts jurisdiction under 28 U.S.C. § 1332(a)(1) but
has not established that the parties are of diverse citizenship. (The amount in controversy
is alleged to be in excess of $75,000 and that allegation seems incontrovertible in light of the
other allegations in the complaint.) It will need to advise the court of the citizenship of each

member of defendant Dalphis, LLC. Identifying them only as “citizens of states other than
South Carolina” is not sufficient. The court cannot assure itself that each member has a
citizenship distinct from that of plaintiff without knowing the facts underlying plaintiff’s
assertion that each member of the LLC is not a citizen of South Carolina. Belleville Catering
Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir. 2003) (“inquiring
whether the court has jurisdiction is a federal judge's first duty in every case”).
In addition, plaintiff should determine whether the individual defendants are citizens
of Tennessee and Mississippi and not simply residents. Moreover, it should advise the court
whether its owner, Springs Industries, Inc. is both incorporated in and headquartered in
South Carolina. 28 U.S.C. § 1332(c)(1) (corporation is citizen of state in which it is
incorporated and in which it has its principal place of business).

ORDER
IT IS ORDERED that plaintiff Springs Window Fashions, LLC, may have until
July12, 2011, in which to respond to this order.
Entered this 29th day of June, 2011.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge