EREN v. SUMMIT MANAGED SOLUTIONS, LLC

District Court, S.D. Indiana

EREN v. SUMMIT MANAGED SOLUTIONS, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

TANER EREN, ) ) Plaintiff, ) ) v. ) No. 1:24-cv-00507-TWP-MKK ) SUMMIT MANAGED SOLUTIONS, LLC, ) MATTHEW PIETY, ) ) Defendants. )

ENTRY ON JURISDICTION It has come to the Court's attention that Plaintiff's Amended Complaint fails to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. The Amended Complaint alleges that this Court has jurisdiction based upon diversity of citizenship. However, the Amended Complaint fails to sufficiently allege the citizenship of the parties. Citizenship is the operative consideration for jurisdictional purposes. See Meyerson v. Harrah's East Chicago Casino,

299 F.3d 616, 617

(7th Cir. 2002) ("residence and citizenship are not synonyms and it is the latter that matters for purposes of the diversity jurisdiction"). Further, "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.

The Amended Complaint alleges, "Plaintiff Eren is an individual residing at 4305 Bailey Avenue, Cleveland, Ohio 44113" and "Defendant Piety is an individual residing at 10502 Pokagon Way, Indianapolis, Indiana 46239 (Filing No. 11 at 1). These allegations are insufficient to allege the citizenship of Plaintiff and Defendant Matthew Piety to allow the Court to determine whether diversity jurisdiction exists because the allegations fail to state the citizenship of those individuals. The Amended Complaint also alleges "Defendant Summit purports to be an Indiana limited liability company, with a statutorily registered place of business at 10502 Pokagon Way, Indianapolis, Indiana 46239." /d. This allegation is insufficient to allege the citizenship of Defendant Summit Managed Solutions, LLC, to allow the Court to determine whether diversity Jurisdiction exists because the allegation fails to state the members of the Defendant Summit Managed Solutions, LLC, and their citizenship. As the party asking this Court to invoke its jurisdiction, the Plaintiff must properly allege the citizenship of each of the parties to establish subject matter jurisdiction. See Schur v. L.A. Weight Loss Ctrs., Inc.,

577 F.3d 752, 758

(7th Cir. 2009); Doe v. Allied-Signal, Inc.,

985 F.2d 908, 911

(7th Cir. 1993). Therefore, the Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the citizenship of the parties. This jurisdictional statement is due fourteen (14) days from the date of this Entry. SO ORDERED. Date: 4/1/2024 rong dite eth Hon. Tanya Walton Pratt, Chief Judge United States District Court Southern District of Indiana Distribution: DONALD W. DAVIS, JR. Brennan, Manna & Diamond - Akron 75 East Market Street Akron, OH 44308 MATHEW E. DONEY Brennan Manna Diamond - Cleveland Ste. 1850 200 Public Square Cleveland, OH 44114

CHRISTOPHER P. JETER Massillamany & Jeter - Fishers Ste. 204 11650 Lantern Road Fishers, IN 46038

ABIGAIL E. PEABODY Brennan Manna & Diamond Ste. 1850 200 Public Square Cleveland, OH 44114

STEVEN E SEASLY Hahn, Loeser & Parks - Cleveland 2800 BP Tower 200 Public Square Cleveland, OH 44114

Reference

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