Filed: Feb. 19, 2020
Latest Update: Feb. 19, 2020
Summary: ORDER STEPHEN P. FRIOT , District Judge . The court has a duty to inquire into its own jurisdiction. Tuck v. United Services Automobile Association , 859 F.2d 842 (10 th Cir. 1988). The complaint alleges that the court has jurisdiction over this matter pursuant to 28 U.S.C. 1332. Doc. no. 1, 3. The court, however, concludes that the jurisdictional allegations are insufficient to establish diversity jurisdiction. The complaint alleges that "Defendants are individuals who reside in
Summary: ORDER STEPHEN P. FRIOT , District Judge . The court has a duty to inquire into its own jurisdiction. Tuck v. United Services Automobile Association , 859 F.2d 842 (10 th Cir. 1988). The complaint alleges that the court has jurisdiction over this matter pursuant to 28 U.S.C. 1332. Doc. no. 1, 3. The court, however, concludes that the jurisdictional allegations are insufficient to establish diversity jurisdiction. The complaint alleges that "Defendants are individuals who reside in ..
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ORDER
STEPHEN P. FRIOT, District Judge.
The court has a duty to inquire into its own jurisdiction. Tuck v. United Services Automobile Association, 859 F.2d 842 (10th Cir. 1988).
The complaint alleges that the court has jurisdiction over this matter pursuant to 28 U.S.C. § 1332. Doc. no. 1, ¶ 3. The court, however, concludes that the jurisdictional allegations are insufficient to establish diversity jurisdiction.
The complaint alleges that "Defendants are individuals who reside in Blaine or Dewey County, Oklahoma, but in any event, within the boundaries of the Western District of Oklahoma." Doc. no. 1, ¶ 2. However, residence is not the equivalent of citizenship. State Farm Mut. Auto. Ins. Co. v. Dyer, 19 F.3d 514, 520 (10th Cir. 1994); Walden v. Broce Const. Co., 357 F.2d 242, 245 (10th Cir. 1966). For any number of reasons, an individual can "reside" in one place but be domiciled in another place. For adults, domicile is established by physical presence in a place, coupled with an intent to remain there. Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989). A natural person is a citizen of the state in which he or she is domiciled. Crowley v. Glaze, 710 F.2d 676, 678 (10th Cir. 1983). The complaint must allege the state where defendants are citizens. This allegation may be based upon plaintiff's information and belief.
Additionally, the complaint alleges that "Plaintiff is a Delaware limited liability company with its principal place of business in Wilmington, Delaware" and that "[n]one of the members of Plaintiff are citizens or residents of Oklahoma." Doc. no. 1, ¶ 1. The citizenship of a limited liability company is determined by the citizenship of all its members. See, Spring Creek Exploration & Production Company, LLC v. Hess Bakken Investment, II, LLC, 887 F.3d 1003, 1014 (10th Cir. 2018). Although plaintiff alleges that its members are not citizens of Oklahoma, this is insufficient. See, Simmons v. Rosenberg, 572 F.Supp. 823, 825 (E.D.N.Y. 1983) (merely averring that a party is a citizen of a state other than the State of New York is "clearly insufficient to establish diversity jurisdiction.") The complaint must identify all the members of plaintiff and the state or states of citizenship.1
Accordingly, plaintiff is DIRECTED to file a First Amended Complaint, no later than March 4, 2020, which provides the missing jurisdictional information relating to plaintiff and defendants. Failure to comply may result in the dismissal without prejudice of this action.2
IT IS SO ORDERED.
