TOOR v. WARD

District Court, S.D. Indiana

TOOR v. WARD

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

PARMINDER K. TOOR, ) ) Plaintiff, ) ) 1:25-cv-00912-JMS-MJD vs. ) ) DUANE L. WARD, JR. and BRYAN TRUCK ) LINE, INC., ) ) Defendants. )

ORDER Plaintiff has filed an Amended Complaint in which he alleges that this Court has diversity jurisdiction over this matter, and Defendants have now filed an Answer. [Filing No. 18.] Defendant Bryan Truck Line, Inc. ("Bryan Truck Line") has also filed a Rule 7.1 Disclosure Statement. [Filing No. 19.] The Court addresses two issues stemming from these filings. I. ANSWER TO AMENDED COMPLAINT

While Plaintiff's Amended Complaint properly pleads factual allegations supporting the existence of diversity jurisdiction, Defendants' Answer is without sufficient information or knowledge to either admit or deny Plaintiff's allegation that the amount in controversy is in excess of $75,000, exclusive of costs and interests. [Filing No. 18 at 3.] This leaves the Court unable to determine whether the facts upon which diversity jurisdiction is based are disputed, and a federal court always has a responsibility to ensure that it has jurisdiction. Hukic v. Aurora Loan Servs.,

588 F.3d 420, 427

(7th Cir. 2009). Accordingly, in order for the Court to determine whether it has diversity jurisdiction over this matter, the parties are ORDERED to conduct whatever investigation is necessary and file a joint jurisdictional statement by July 29, 2025, properly setting forth each party's citizenship and whether the amount in controversy exceeds $75,000, exclusive of interest and costs. If agreement cannot be reached on the contents of a joint jurisdictional statement, competing statements must be filed by that date. Il. BRYAN TRUCK LINE'S RULE 7.1 DISCLOSURE STATEMENT Bryan Truck Line has filed a Rule 7.1 Disclosure Statement, but it does not provide its citizenship in accordance with Rule 7.1. Federal Rule of Civil Procedure 7.1(a)(2) provides: Tn an action in which jurisdiction is based on diversity under

28 U.S.C. §1332

(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement. The statement must name — and identify the citizenship of — every individual or entity whose citizenship is attributed to that party or intervenor: (A) when the action is filed in or removed to federal court, and (B) when any later event occurs that could affect the court's jurisdiction under §1332(a). Bryan Truck Line is ORDERED to file an Amended Rule 7.1 Disclosure Statement by July 29, 2025, which adequately sets forth its citizenship.

Date: 7/14/2025 - Hon. Jane Magnus-Stinson, Judge ‘United States District Court Southern District of Indiana

Distribution via ECF only to all counsel of record

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