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HUNT v. LASTOWSKI

United States District Court, Northern District of Illinois, Eastern Division


April 22, 2003

GEORGE L. HUNT, JR., PLAINTIFF,
v.
BARBARA SHUTTLEWORTH LASTOWSKI, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Milton I. Shadur, Senior United States District Judge George Hunt, Jr. ("Hunt") has just filed this action against three individuals, three corporations and partnership Council Company ("Council"), purporting to invoke federal jurisdiction on diversity of citizenship grounds. As our Court of Appeals periodically reminds us — Wisconsin Knife Works v. National Metal Crafters, 781 F.2d 1280, 1282 (7th Cir. 1986) is a good example: The first thing a federal judge should do when a complaint is filed is check to see that federal jurisdiction is properly alleged. This Court has done so, and it dismisses this action sua sponte for lack of subject matter jurisdiction. No federal judge can help but be amazed — indeed, dismayed — by how many lawyers fail to do their homework as to the ABCs of federal jurisdiction (or, where no homework is called for because of the obviousness of the matter, fail even to think about the subject). Maybe the most common such failing in diversity cases is the lawyers' disregard of the principle that citizenship is by definition the relevant status of each party, framing their complaints' allegations instead in terms of residence. On that score Held v. Held, 137 F.3d 998, 1000 (7th Cir. 1998), quoting Guaranty Nat'l Title Co. v. J.E.G. Assocs., MEMORANDUM OPINION AND ORDER

20030422

© 1992-2003 VersusLaw Inc.



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