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NATIONAL FIRE INSURANCE CO. v. JAMES RIVER INSURANCE, CV 14-765-PHX-JAT. (2014)

Court: District Court, D. Arizona Number: infdco20140424793 Visitors: 25
Filed: Apr. 23, 2014
Latest Update: Apr. 23, 2014
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, Plaintiffs fail to allege the principal place of business of all parties for purposes of establishing diversity jurisdiction. See Hertz Corp. v. Friend, 559 U.S. 77, 80, 92-93 (2010) (discussing the citizenship of a corporation). Additionall
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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, Plaintiffs fail to allege the principal place of business of all parties for purposes of establishing diversity jurisdiction. See Hertz Corp. v. Friend, 559 U.S. 77, 80, 92-93 (2010) (discussing the citizenship of a corporation).

Additionally, in the section discussing the "parties," Plaintiffs attempt1 to allege the citizenship of Quik Flush Plumbing, LLC. Doc. 1 at 2. However, Quik Flush is not named as a "party" in the caption of the Complaint; therefore, it is unclear to the Court whether it was intended to be a party.

Based on the foregoing,

IT IS ORDERED that by May 7, 2014, Plaintiffs shall file an Amended Complaint properly alleging federal subject matter jurisdiction or this case will be dismissed without prejudice.

FootNotes


1. See Johnson v. Columbia Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir. 2006) (discussing the citizenship of limited liability companies).
Source:  Leagle

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