Alexander v. Puppy Travelers

District Court, S.D. Illinois

Alexander v. Puppy Travelers

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS

PENNY ALEXANDER,

Plaintiff,

v. Case No. 19-858 JPG/MAB

PUPPY TRAVELERS, LLC and ZACHARIAH MCCULLY,

Defendants.

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. See Hertz Corp. v. Friend,

559 U.S. 77, 94

(2010) (noting courts’ “independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it”). The Court has noted the following defects in the jurisdictional allegations of the Notice of Removal (Doc. 1) filed by defendant Puppy Travelers, LLC: Failure to allege the citizenship of each member of an unincorporated association. To determine if complete diversity exists, the Court must examine the citizenship of each member of a limited liability company. See White Pearl Inversiones S.A. (Uruguay) v. Cemusa, Inc.,

647 F.3d 684, 686

(7th Cir. 2011); Belleville Catering Co. v. Champaign Market Place, LLC,

350 F.3d 691, 692

(7th Cir. 2003). The relevant pleading must affirmatively allege the specific states of citizenship of each member of the limited liability company, and “the citizenship of unincorporated associations must be traced through however many layers of partners or members there may be.” Meyerson v. Harrah’s E. Chi. Casino,

299 F.3d 616, 617

(7th Cir. 2002). The Notice of Removal states the defendant resides in Missouri but does not plead the citizenship of each of the LLC’s members. 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

. The Notice of Removal alleges residence but not citizenship of defendant, Zachariah McCully and Plaintiff Penny Alexander.

The Court hereby ORDERS that the defendant Puppy Travelers, LLC shall have up to and including September 9, 2019, to amend the faulty pleading to correct the jurisdictional defect. See

28 U.S.C. § 1653

. Failure to amend the faulty pleading may result in remand 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. Defendant Puppy Travelers, LLC 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. DATED: August 19, 2019

s/J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

Reference

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