Fiedler, Steven v. Massachusetts Mutual Life Insurance Company et al

Filing 30

ORDER Regarding Jurisdiction. Proof of Diversity Citizenship due 8/1/2013. Signed by Magistrate Judge Stephen L. Crocker on 7/11/13. (krj)

IN THE UNITED STATES DISTRICT COURT
FOR THE W ESTERN DISTRICT OF W ISCONSIN

STEVEN E. FIEDLER,
Plaintiff,
v.
M ASSACHUSETTS M UTUAL LIFE INSURANCE
COM PANY, M M L INVESTORS SERVICES, LLC,
JACK KAPINUS AND STRATEGIC W EALTH
M ANAGEM ENT GROUP, LLC,
Defendants.

ORDER
12-cv-775-slc

__________________________________________________________________________________________
In this civil diversity action, plaintiff Steven Fiedler alleges that defendants’ agent made
misrepresentations that induced him to leave his employment as a financial services consultant to
take what turned out to be a less lucrative position with MassMutual. However, because Fiedler’s
complaint fails to identify the specific citizenship of each of the defendants or the citizenship of each
of the LLC members, the court is not able to conclude whether complete diversity of citizenship
exists in this case.
The first question in any lawsuit is whether the court has subject matter jurisdiction, and the
court has an independent obligation to ensure that it exists. Arbaugh v. Y & H Corporation, 546 U.S.
500, 501 (2006); Avila v. Pappas, 591 F.3d 552, 553 (7th Cir. 2010). Section 1332 requires complete
diversity of citizenship, meaning that no plaintiff may be a citizen of the same state as any
defendant. 28 U.S.C. § 1332(a)(1); McCready v. EBay, Inc., 453 F.3d 882, 891 (7 th Cir. 2006). As
the party filing suit, Fiedler bears the burden of proof on this issue. Chase v. Shop n' Save Warehouse
Foods, Inc., 110 F.3d 424, 427 (7th Cir. 1997) (“party seeking to invoke federal diversity jurisdiction
[ ] bears the burden of demonstrating that the complete diversity and amount in controversy
requirements are met.”).
In the amended complaint, Fiedler alleges that the business defendants have their principal
places of business in Massachusetts. Dkt. 18. He makes no allegation concerning the citizenship
of defendant Kapinus. For the purpose of diversity jurisdiction, the citizenship and not the residency
of an individual is what matters for diversity jurisdiction purposes. Craig v. Ontario Corp., 543 F.3d

872, 876 (7th Cir. 2008); Meyerson v. Harrah's East Chicago Casino, 299 F .3d 616, 617 (7th Cir. 2002).
An individual is a citizen of the state in which he is domiciled, that is, where he has a “permanent
home and principal establishment, and to which [he] has the intention of returning whenever he is
absent therefrom.” Charles Alan Wright, Law of Federal Courts 161 (5 th ed. 1994); see also Dakuras
v. Edwards, 312 F.3d 256, 258 (7th Cir. 2002). Corporations like defendant Massachusetts Mutual
Life Insurance Company are citizens of the states in which they are incorporated and have their
principal place of business. 28 U.S.C. § 1332(c)(1); Metropolitan Life Ins. Co. v. Estate of Cammon, 929
F. 2d 1220, 1223 (7th Cir. 1991)). However, the citizenship of a limited liability company is the
citizenship of each of its members. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007)
(citations omitted) (“an LLC's jurisdictional statement must identify the citizenship of each of its
members as of the date the complaint or notice of removal was filed, and, if those members have
members, the citizenship of those members as well”). Because Fiedler has not alleged the citizenship
of defendant Kapinus or the members of defendants MML Investors Services, LLC and Strategic
Wealth Management Group, LLC, the court cannot determine whether the parties are diverse.

ORDER
IT IS ORDERED that Fiedler has until August 1, 2013 to submit verification of the
citizenship of defendants Kapinus, MML Investors Services, LLC and Strategic Wealth Management
Group, LLC (a stipulation would do). Failure timely to submit the required information could result
in dismissal of this case for lack of subject matter jurisdiction.
Entered this 11th day of July, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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