Elawyers Elawyers
Washington| Change

Rule v. Mainstreet Capital Partners LLC, 1:18-cv-00694-TWP-MJD. (2018)

Court: District Court, S.D. Indiana Number: infdco20180425b28 Visitors: 14
Filed: Apr. 23, 2018
Latest Update: Apr. 23, 2018
Summary: SECOND ENTRY ON JURISDICTION TANYA WALTON PRATT , District Judge . On March 13, 2018, the Court ordered the Plaintiff to file a supplemental jurisdictional statement, identifying the citizenship of each of the parties and the specific identity of the LLC Defendants' members and those members' citizenship ( Filing No. 5 ). On March 27, 2018, the Plaintiff filed his Supplemental Jurisdictional Statement ( Filing No. 8 ) and an Amended Complaint ( Filing No. 7 ). However, the filings neglect
More

SECOND ENTRY ON JURISDICTION

On March 13, 2018, the Court ordered the Plaintiff to file a supplemental jurisdictional statement, identifying the citizenship of each of the parties and the specific identity of the LLC Defendants' members and those members' citizenship (Filing No. 5).

On March 27, 2018, the Plaintiff filed his Supplemental Jurisdictional Statement (Filing No. 8) and an Amended Complaint (Filing No. 7). However, the filings neglected to identify the members of any of the LLC Defendants and their citizenship. The Court reiterates, "[f]or diversity jurisdiction purposes, the citizenship of an LLC is the citizenship of each of its members." Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). "Consequently, an LLC's jurisdictional statement must identify the citizenship of each of its members as of the date the complaint or notice of removal was filed, and, if those members have members, the citizenship of those members as well." Id.

Furthermore, the Plaintiff's filings allege the citizenship of the three individual defendants based "upon information and belief." However, jurisdictional allegations must be made on personal knowledge, not on information and belief, to invoke the subject matter jurisdiction of a federal court. See America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (only a statement about jurisdiction "made on personal knowledge has any value," and a statement made "`to the best of my knowledge and belief' is insufficient" to invoke diversity jurisdiction "because it says nothing about citizenship"); Page v. Wright, 116 F.2d 449, 451 (7th Cir. 1940) (an allegation of a party's citizenship for diversity purposes that is "made only upon information and belief" is unsupported).

Based upon the Plaintiff's Supplemental Jurisdictional Statement and Amended Complaint, the Court still is unable to determine whether diversity jurisdiction exists. Therefore, the Plaintiff is ORDERED to file another supplemental jurisdictional statement that establishes the Court's jurisdiction over this case. The jurisdictional statement should specifically identify the members of the LLC Defendants and those members' citizenship as well as the citizenship of the individual parties. This Supplemental Jurisdictional Statement is due fourteen (14) days from the date of this Entry. Failure to comply may result in dismissal if this Court lacks jurisdiction.

SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer