Yards Developers as an Indiana limited partnership, Jurisdiction and Venue P1 erroneously characterizes it as "a corporation incorporated under the laws of the State of Indiana, with its principal place of business in Indianapolis, Indiana."
Where a partnership (even a limited partnership such as Yards Developers) is named as a party litigant, the relevant citizenship for federal diversity purposes is that of all partners and not that of the partnership itself, even though state law may permit the partnership to sue in its firm name ( Carden v. Arkoma Assocs., 494 U.S. 185, 108 L. Ed. 2d 157, 110 S. Ct. 1015 (1990); America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1073 (7th Cir. 1992) (per curiam)). Thus the location of Yards Developers' "principal place of business" is entirely irrelevant, just as is the state of its formation as a limited partnership. And that being so, the Complaint has not established the existence of the necessary diversity.
It would seem more likely than not that Yards Developers' glitch in that respect would be curable, for the necessary diversity would in fact exist if none of its general or limited partners is a citizen of either Delaware or Illinois. And that possibility would ordinarily lead this Court to give Yards Developers an opportunity to cure the Complaint's jurisdictional defect within a very limited time span (see Section 1653). But in this instance the existence of another (and very likely noncurable) jurisdictional flaw calls for a straight-out dismissal of the current Complaint.
According to Statement of Claim P5, Subway owes Yards Developers $ 36,304.62 under the Lease between the parties (an amount confirmed by Complaint Ex. 2). That of course falls well short of the over-$ 50,000 floor required for diversity jurisdiction. Yards Developers attempts to close that gap (and more) by its allegation that Lease § 17.2 renders Subway liable to Yards Developers "for the rental obligations which become immediately due and payable for the twenty-four (24) months following such date," which according to Statement of Claim P10 adds another $ 38,490.04 to Subway's current obligation.
It should be said parenthetically that the 24-month reference (though not the claimed dollar amount) reflects a misstatement of what the Lease provides. Complaint Ex. 3 is a photocopy of a notice of default that was sent to Subway on November 3 of this year, stating "that if you do not cure the delinquency [then $ 33,898.87] in the time required, you will be placed in default of your Lease." For that purpose the next paragraph of the notice of default designated "the time required" to be "within ten (10) days of your receipt of this letter," and the effect of nonpayment was stated in the letter as:
forcing Landlord to take such steps deemed necessary to protect its interest, when Tenant has been placed in default. These steps may include, but are not limited to, a suit for collection of unpaid rents, together with interest therein, attorneys' fees and court costs incurred in any such action, as well as the institution of a suit to regain possession of your premises.