UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

WEBSTER CAPITAL FINANCE, ) A DIVISION OF WEBSTER BANK, ) NATIONAL ASSOCIATION, ) ) Plaintiff, ) ) vs. ) Case No. 4:24-cv-01645-MTS ) STL EQUIPMENT LEASING CO., LLC, ) et al., ) ) Defendants. )

MEMORANDUM AND ORDER This matter is before the Court on review of the file. See Hertz Corp. v. Friend,

(2010). A review shows Plaintiff’s Complaint has failed to establish this Court’s subject matter jurisdiction under

(a). Compare, e.g., Doc. [1] ¶¶ 2–4, with GMAC Com. Credit LLC v. Dillard Dep’t Stores, Inc.,

(8th Cir. 2004), and James v. Moore, 1:23-cv-00115-SNLJ,

, at *1 (E.D. Mo. July 5, 2023). “The burden of proving the existence of subject matter jurisdiction rests with the party invoking federal jurisdiction.” Magee v. United States,

, 680 (8th Cir. 2021). The Court will provide Plaintiff another opportunity to meet its burden. See

(allowing amendment of pleadings to show jurisdiction). Failure to do so will result in the dismissal of this action without prejudice. Accordingly, IT IS HEREBY ORDERED that, no later than Friday, December 13, 2024, Plaintiff must file an amended complaint that establishes this Court’s subject matter jurisdiction. Failure to do so will result in dismissal of this action without prejudice. Dated this 6th day of December 2024. Th THEW T. SCHELP UNITED STATES DISTRICT JUDGE

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