United States District Court, N.D. Illinois
January 30, 2004.
SANGAMON INVESTORS, L.L.C., Plaintiff
HEALTH ANSWERS, INC., Defendant
The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge
There is, in candor, no excuse for the filing by members of any law
firm that practices with any frequency in the federal courts or
perhaps even by any law firm that does not and must therefore do its
homework before proceeding with a federal court complaint of a
jurisdictionally defective complaint of the type that has just been filed
here. For several years now our Court of Appeals has been identifying,
with increasing impatience, the requisite allegations to establish
diversity of citizenship where a limited liability company is involved
its efforts began with Cosgrove v. Bartolotta,
150 F.3d 729, 731 (7th Cir. 1998) and have been most recently repeated in
Belleville Catering Co. v. Champaign Marketplace, L.L.C.,
350 F.3d 691, 692 (7th Cir. 2003).
This Court will not however dismiss the present Complaint on that
ground as it might well do, thus forcing the payment of a second $150
filing fee. Instead it grants leave to file an appropriate amendment to
the Complaint (not a full-bore Amended Complaint) in this
Court's chambers on or before February 9,
2004, failing which it would of course be constrained to dismiss
this action for lack of subject matter jurisdiction.
But because it would be unfair to visit the sins of the lawyer on the
client, no charge is to be made to plaintiff by its counsel for the added
work and expense incurred in correcting counsel's errors. Counsel are
ordered to apprise their client to that effect by letter, with a copy to
be transmitted to this Court's chambers as an informational matter (not
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