Advance Cable Company, LLC et al v. The Cincinnati Insurance Company

Filing 17

ORDER Regarding Jurisdiction. Proof of Diversity Citizenship due 5/17/2013. Signed by District Judge William M. Conley on 5/10/13. (rep)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ADVANCE CABLE COMPANY, LLC, and
PINEHURST COMMERCIAL INVESTMENTS, LLC,

Plaintiffs,

OPINION AND ORDER

v.

13-cv-229-wmc
THE CINCINNATI INSURANCE COMPANY,

Defendant.

Plaintiffs' amended complaint still fails to properly allege diversity jurisdiction.
The complaint alleges that the citizenship of plaintiffs Advance Cable Company, LLC
and Pinehust Commercial Investment, LLC is determined by their sole member, Mike
Larson. The complaint goes on to allege that Mike Larson "resides at 3004 Sunrise
Court, Middleton, Wisconsin 53562." Though Larson's residence and domicile are
likely the same in this case, the Seventh Circuit Court of Appeals has repeatedly
emphasized that district courts must insist on technically correct allegations of
jurisdiction.

Strictly speaking, plaintiffs must allege Mr. Larson's domicile, rather

than his residence. See Winforge, Inc. v. Coachmen Indus., Inc., 691 F.3d 856, 867 (7th
Cir. 2012) ("An allegation of residence is not sufficient to establish citizenship, which
requires domicile."). A person's domicile is "the state in which a person intends to live
over the long run." Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir.
20 12).

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ORDER
IT IS ORDERED that:

f...±_,

1) plaintiffs shall have until May
2013, to file and serve an amended
complaint containing good faith allegations sufficient to establish complete
diversity of citizenship for purposes of determining subject matter jurisdiction
under 28 U.S.C. § 1332; and

2) failure to amend timely shall result in prompt dismissal of this matter for lack
of subject matter jurisdiction.
Entered

thi{~th day of May, 2013.

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