LEXON INSURANCE COMPANY v. CROWLEY, CV-17-08189-PCT-JAT. (2017)
Court: District Court, D. Arizona
Number: infdco20171016591
Visitors: 29
Filed: Oct. 13, 2017
Latest Update: Oct. 13, 2017
Summary: ORDER JAMES A. TEILBORG , Senior District Judge . This Court has twice ordered Plaintiff to supplement the complaint to allege sufficient facts to support complete diversity jurisdiction. Plaintiff has now alleged facts which, if true, establish complete diversity. However, the majority of those facts are alleged on information and belief, rather than actual knowledge. The Ninth Circuit Court of Appeals permits parties to plead jurisdictional allegations on information and belief. See Car
Summary: ORDER JAMES A. TEILBORG , Senior District Judge . This Court has twice ordered Plaintiff to supplement the complaint to allege sufficient facts to support complete diversity jurisdiction. Plaintiff has now alleged facts which, if true, establish complete diversity. However, the majority of those facts are alleged on information and belief, rather than actual knowledge. The Ninth Circuit Court of Appeals permits parties to plead jurisdictional allegations on information and belief. See Caro..
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ORDER
JAMES A. TEILBORG, Senior District Judge.
This Court has twice ordered Plaintiff to supplement the complaint to allege sufficient facts to support complete diversity jurisdiction. Plaintiff has now alleged facts which, if true, establish complete diversity. However, the majority of those facts are alleged on information and belief, rather than actual knowledge.
The Ninth Circuit Court of Appeals permits parties to plead jurisdictional allegations on information and belief. See Carolina Cas. Ins. Co. v. Team Equip., Inc., 741 F.3d 1082, 1087-88 (9th Cir. 2014). However, the Court of Appeals has suggested that the Court should revisit jurisdiction once the Defendants have been served. Id. Thus, the Court will require Plaintiff to file a jurisdictional supplement in six months that states the citizenship (not domicile and not residence) of every party to this case. Plaintiff must take whatever discovery is necessary within this timeframe to be able to establish jurisdiction. The Court will not remind Plaintiff of this requirement in the future. In other words, if the Court does not receive the jurisdictional supplement within six months, this case will be dismissed.
Therefore,
IT IS ORDERED that Plaintiff shall file a jurisdictional supplement by April 16, 2018. This supplement may not allege citizenship based on information and belief.
Source: Leagle
