STATE FARM FIRE AND CASUALTY COMPANY v. ISAACS, 3:14cv304-MHT (WO). (2014)
Court: District Court, M.D. Alabama
Number: infdco20140509692
Visitors: 9
Filed: May 08, 2014
Latest Update: May 08, 2014
Summary: ORDER MYRON H. THOMPSON, District Judge. The allegations of the plaintiff's complaint are insufficient to invoke this court's diversity-of-citizenship jurisdiction. The allegations must show that the citizenship of each plaintiff is different from that of each defendant. 28 U.S.C. 1332. The plaintiff's complaint fails to meet this standard. The complaint gives the "residence" rather than the "citizenship" of defendant Michael Issacs. An allegation that a party is a "resident" of a State is
Summary: ORDER MYRON H. THOMPSON, District Judge. The allegations of the plaintiff's complaint are insufficient to invoke this court's diversity-of-citizenship jurisdiction. The allegations must show that the citizenship of each plaintiff is different from that of each defendant. 28 U.S.C. 1332. The plaintiff's complaint fails to meet this standard. The complaint gives the "residence" rather than the "citizenship" of defendant Michael Issacs. An allegation that a party is a "resident" of a State is n..
More
ORDER
MYRON H. THOMPSON, District Judge.
The allegations of the plaintiff's complaint are insufficient to invoke this court's diversity-of-citizenship jurisdiction. The allegations must show that the citizenship of each plaintiff is different from that of each defendant. 28 U.S.C. § 1332.
The plaintiff's complaint fails to meet this standard. The complaint gives the "residence" rather than the "citizenship" of defendant Michael Issacs. An allegation that a party is a "resident" of a State is not sufficient to establish that a party is a "citizen" of that State. Delome v. Union Barge Line Co., 444 F.2d 225, 233 (5th Cir.), cert. denied, 404 U.S. 995 (1971).
***
It is therefore the ORDER, JUDGMENT, and DECREE of the court that the plaintiff has until May 12, 2014, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice.
Source: Leagle
