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Staley v. Fry, 19-1404 JPG/MAB. (2020)

Court: District Court, S.D. Illinois Number: infdco20200109c90 Visitors: 16
Filed: Jan. 08, 2020
Latest Update: Jan. 08, 2020
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . In light of Seventh Circuit Court of Appeals admonitions, see Foster v. Hill, 497 F.3d 695 , 696-97 (7th Cir. 2007), the Court has undertaken a rigorous initial review of pleadings to ensure that jurisdiction has been properly pled. The Court has noted the following defects in the jurisdictional allegations of the complaint (Doc. 1) filed by plaintiff Michelle K. Staley: Failure to allege the citizenship of an individual. A compl
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MEMORANDUM AND ORDER

In light of Seventh Circuit Court of Appeals admonitions, see Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007), the Court has undertaken a rigorous initial review of pleadings to ensure that jurisdiction has been properly pled. The Court has noted the following defects in the jurisdictional allegations of the complaint (Doc. 1) filed by plaintiff Michelle K. Staley:

Failure to allege the citizenship of an individual. A complaint asserting diversity jurisdiction must allege the citizenship of an individual defendant, not merely residence. 28 U.S.C. § 1332(a)(1); Meyerson v. Harrah's East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002); Held v. Held, 137 F.3d 998, 1000 (7th Cir. 1998). Allegations of "residence" are jurisdictionally insufficient. Steigleder v. McQuesten, 198 U.S. 141 (1905). Dismissal is appropriate where parties allege residence but not citizenship. Held, 137 F.3d at 1000. Complaint alleges residence but not citizenship of plaintiff, Michelle K. Staley.

The Complaint further fails to allege the citizenship of defendant, Phyllis A. Fry. That Fry is "doing business" under a different name does not change the fact that she is the real party in interest whose citizenship must be properly pled. See Duval v. Midwest Auto City, Inc., 425 F.Supp. 1381, 1387 (D. Neb. 1977), aff'd, 578 F.2d 721 (8th Cir. 1978).

The Court hereby ORDERS that plaintiff Michelle K. Staley shall have up to and including January 22, 2020 to amend the faulty pleading to correct the jurisdictional defects. See 28 U.S.C. § 1653. Failure to amend the faulty pleading may result in dismissal of this case for lack of subject matter jurisdiction. Amendment of the faulty pleading to reflect an adequate basis for subject matter jurisdiction will satisfy this order. Plaintiff is directed to consult Local Rule 15.1 regarding amended pleadings and need not seek leave of Court to file such amended pleading.

IT IS SO ORDERED.

Source:  Leagle

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