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THE GOURMET CENTER, INC. v. SAGE ENTRPS

United States District Court, N.D. Illinois


February 4, 2004.

THE GOURMET CENTER, INC., Plaintiff
v.
SAGE ENTERPRISES, INC., et al., Defendants

The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge

MEMORANDUM

The Gourmet Center, Inc. ("Gourmet Center") has just filed a 13-count Complaint against Sage Enterprises, Inc. ("Sage") and LaSalle Business Credit, LLC ("LaSalle"), invoking federal subject matter jurisdiction on both federal-question and diversity-of-citizenship grounds. That second claimed jurisdictional basis is flawed, because unlike the Complaint's proper citizenship allegations as to Gourmet Center (Complaint ¶ 1) and Sage (Complaint ¶ 2), its allegation as to LaSalle is defective for the reason repeatedly stated (with increasing impatience) by our Court of Appeals beginning with Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998) and continuing through the most recent articulation in Belleville Catering Co. v. Champaign Marketplace, L.L.C., 350 F.3d 691, 692 (7th Cir. 2003).

Because of the belt-and-suspenders nature of the jurisdictional allegations, no curative filing by Gourmet Center's counsel will be required unless and until some serious Page 2 question may be raised by defendants as to federal-question jurisdiction. But this sua sponte memorandum is clearly called for in any event because regular practitioners in the federal courts, such as the two law firms representing Gourmet Center,*fn1 really ought to be aware of something so fundamental.


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