Adams v. Allstate Vehicle and Property Insurance Company, CIV-18-517-D. (2018)
Court: District Court, W.D. Oklahoma
Number: infdco20180605c46
Visitors: 14
Filed: Jun. 04, 2018
Latest Update: Jun. 04, 2018
Summary: ORDER TIMOTHY D. DeGIUSTI , District Judge . Upon review, the Court finds Plaintiffs' Complaint contains insufficient factual allegations to support the assertion of diversity jurisdiction under 28 U.S.C. 1332. 1 In the Complaint, Defendant is alleged to be "a foreign corporation incorporated under the laws of the State of Illinois, and is an insurance company registered to engage in the business of insurance in the State of Oklahoma, which may be served with process through the Oklahom
Summary: ORDER TIMOTHY D. DeGIUSTI , District Judge . Upon review, the Court finds Plaintiffs' Complaint contains insufficient factual allegations to support the assertion of diversity jurisdiction under 28 U.S.C. 1332. 1 In the Complaint, Defendant is alleged to be "a foreign corporation incorporated under the laws of the State of Illinois, and is an insurance company registered to engage in the business of insurance in the State of Oklahoma, which may be served with process through the Oklahoma..
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ORDER
TIMOTHY D. DeGIUSTI, District Judge.
Upon review, the Court finds Plaintiffs' Complaint contains insufficient factual allegations to support the assertion of diversity jurisdiction under 28 U.S.C. § 1332.1 In the Complaint, Defendant is alleged to be "a foreign corporation incorporated under the laws of the State of Illinois, and is an insurance company registered to engage in the business of insurance in the State of Oklahoma, which may be served with process through the Oklahoma Insurance Department. . . ." See Compl., ¶ 2 [Doc. No. 1]. For diversity purposes, a corporation has dual citizenship—the state of incorporation and where its principal place of business is located. Newsome v. Gallacher, 722 F.3d 1257, 1267 (10th Cir. 2013). Here, the Complaint contains no information concerning Defendant's principal place of business and, therefore, fails to allege the citizenship of this party as to establish complete diversity of citizenship.
IT IS THEREFORE ORDERED that Plaintiffs shall file an amended complaint to allege the existence of diversity jurisdiction within fourteen (14) days from the date of this Order.
IT IS SO ORDERED.
FootNotes
1. The Court has "an independent obligation to determine whether subject matter jurisdiction exists" and may raise the issue sua sponte at any time. Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006).
Source: Leagle
