UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

JOSH SMALLING ROOFING AND ) RESTORATION CO., LLC, ) ) Plaintiff, ) ) v. ) No. 1:20-cv-00850-JPH-DML ) HONEYCOMB PRODUCTS, INC., ) SENTRY INSURANCE A MUTUAL ) COMPANY, ) ) Defendants. ) ) ) HONEYCOMB PRODUCTS, INC., ) ) Cross Claimant, ) ) v. ) ) SENTRY INSURANCE MUTUAL ) COMPANY, ) ) Cross Defendant. )

ORDER Defendant Sentry Insurance removed this case to this Court, alleging that this Court has diversity jurisdiction over this matter. Dkt. 1. For the Court to have diversity jurisdiction, the amount in controversy must exceed $75,000, exclusive of interest and costs, and the litigation must be between citizens of different states.

(a). Sentry alleges that it is a citizen of Wisconsin and that Plaintiff Josh Smalling Roofing and Restoration is a citizen of Indiana. Dkt. 1 at 3. Sentry also alleges that Defendant/Cross- Claimant Honeycomb Products should be realigned as a plaintiff because its interests are aligned with Josh Smalling Roofing rather than with Sentry.

. However, Sentry does not allege Honeycomb’s citizenship. Counsel has an obligation to analyze subject-matter jurisdiction, Heinen v. Northrop Grumman Corp.,

(7th Cir. 2012), and a federal court always has the responsibility to ensure it has jurisdiction. Hukic v. Aurora Loan Servs.,

(7th Cir. 2009). The Court’s obligation includes knowing the details of the underlying jurisdictional allegations. See Evergreen Square of Cudahy v. Wis. Hous. and Econ. Dev. Auth.,

(7th Cir. 2015) (“the parties’ united front is irrelevant since the parties cannot confer subject-matter jurisdiction by agreement...and federal courts are obligated to inquire into the existence of jurisdiction sua sponte’). Therefore, the Court ORDERS all parties to file a joint statement by April 20, 2020, that (1) alleges the citizenship of all parties; (2) analyzes the proper alignment of each party, including the claims in the amended complaint and all counterclaims; and (3) analyzes the Court’s subject-matter jurisdiction. If the parties cannot agree on a joint statement, they SHALL FILE separate statements by April 20, 2020 addressing the issues identified above and indicating whether they plan to file a motion to remand. SO ORDERED. Date: 3/23/2020 me Slam ruck lanl James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution:

William David Beyers BUCHANAN & BRUGGENSCHMIDT PC [email protected]

Michael Robert Giordano LEWIS WAGNER LLP [email protected]

Charles Johnson 401 Ohio Street Terre Haute, IN 47807

Eric C. McNamar LEWIS WAGNER LLP [email protected]

Terry R. Modesitt MODESITT LAW FIRM, PC [email protected]

Joel Modesitt FREY LAW FIRM AND MODESITT LAW FIRM, PC [email protected]

Jared R. Modesitt MODESITT LAW FIRM [email protected]

John Carl Trimble LEWIS WAGNER LLP [email protected]