Stuckey v. Leath, CV-18-03213-PHX-JAT. (2018)
Court: District Court, D. Arizona
Number: infdco20181108g40
Visitors: 16
Filed: Nov. 05, 2018
Latest Update: Nov. 05, 2018
Summary: ORDER JAMES A. TEILBORG , Senior District Judge . "Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691 , 693 (7th Cir. 2003). In this case, the complaint fails to sufficiently plead jurisdiction. See 28 U.S.C. 1332. Specifically, the complaint fails to plead the citizenship of the Plaintiff. See 28 U.S.C. 1332(c)(2)(discussing the citizenship of an estate). 1 It also
Summary: ORDER JAMES A. TEILBORG , Senior District Judge . "Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691 , 693 (7th Cir. 2003). In this case, the complaint fails to sufficiently plead jurisdiction. See 28 U.S.C. 1332. Specifically, the complaint fails to plead the citizenship of the Plaintiff. See 28 U.S.C. 1332(c)(2)(discussing the citizenship of an estate). 1 It also ..
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ORDER
JAMES A. TEILBORG, Senior District Judge.
"Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir. 2003). In this case, the complaint fails to sufficiently plead jurisdiction. See 28 U.S.C. § 1332.
Specifically, the complaint fails to plead the citizenship of the Plaintiff. See 28 U.S.C. § 1332(c)(2)(discussing the citizenship of an estate).1 It also fails to plead the citizenship of Defendant Steven F. Meadows. Finally, it fails to plead the citizenship of the Defendant Limited Liability Partnership. Carden v. Arkoma Associates, 494 U.S. 185, 195-96 (1990) (discussing the citizenship of limited partnerships).
Based on the foregoing,
IT IS ORDERED that by November 13, 2018, Plaintiff shall file a supplement to the complaint properly pleading federal subject matter jurisdiction or this case will be dismissed, without prejudice.
FootNotes
1. Although the caption says Plaintiff is suing in his individual capacity, the jurisdiction section of the complaint says he is suing in his capacity as personal representative of an estate. (Doc. 1 at 4).
Source: Leagle
