Welton Enterprises, Inc. et al v. The Cincinnati Insurance Company

Filing 17

ORDER Requiring Confirmation of Citizenship. Plaintiff may have 30 days to confirm the citizenship of PEP Hy Cite Investments, LLC or voluntarily dismiss this case. Signed by District Judge William M. Conley on 5/31/2013. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
WELTON ENTERPRISES, INC.,
WELTON FAMILY LIMITED PARTNERSHIPS,
3PP PLUS LIMITED PARTNERSHIP, and
HY CITE/WELTON, LLC,
Plaintiffs,

ORDER

v.
13-cv-227-wmc

THE CINCINNATI INSURANCE COMPANY,
Defendant.
While plaintiffs’ letter response to the court’s May 6 Order regarding diversity
jurisdiction is appreciated, it appears from both their amended complaint and that
response that a question as to subject matter jurisdiction still remains. Much as this
court might be willing to permit the case to proceed pending the submission of expected,
competent proof of the citizenship of PEP Hy Cite Investments, L.L.C., it is a court of
limited jurisdiction and, as the Seventh Circuit has oft reminded lower courts such as this
one, has no authority to proceed further absent proof of jurisdiction. To avoid wasting
the court’s and the parties’ time by proceeding with a case that may ultimately be
dismissed for lack of jurisdiction, plaintiffs may have thirty (30) days to either:

(1)

confirm PEP’s citizenship (and amend their complaint accordingly); or (2) voluntarily
dismiss this case (and refile in state court, should they so choose, where jurisdiction is
assured).
Entered this 31st day of May, 2013.
BY THE COURT:
___/s/_______________________________
WILLIAM M. CONLEY
District Judge
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