United States District Court, N.D. Illinois, Eastern Division
July 15, 2004.
TIMOTHY DENNIS, Plaintiff,
METABOLIFE INTERNATIONAL, INC., Defendant.
The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge
Timothy Dennis ("Dennis") has filed this personal injury action
against Metabolife International, Inc. ("Metabolife"), seeking to
invoke federal jurisdiction on diversity of citizenship grounds.
But because Dennis' Complaint fails to make the requisite
allegations as to the parties' citizenship, this memorandum order
is issued sua sponte to require his counsel to cure that
Complaint ¶ 1 speaks of Dennis' place of residence but not of
his state of citizenship, which by definition is the relevant
fact for jurisdictional purposes. In that circumstance our Court
of Appeals has said dismissal is in order (Held v. Held,
137 F.3d 998, 1000 (7th Cir. 1998), quoting Guaranty Nat'l Title
Co. v. J.E.G. Assocs., 101 F.3d 57, 59 (7th Cir. 1996)):
Of course, allegations of residence are insufficient
to establish diversity jurisdiction. It is
well-settled that "[w]hen the parties allege
residence but not citizenship, the court must dismiss the suit."
But because an individual's state of citizenship most frequently
(though not always) coincides with his or her place of residence,
this Court is disinclined to stick Dennis with the cost of
another $150 filing fee if the omission can be cured promptly.
As for Metabolife, Complaint ¶ 2 has ignored the dual corporate
citizenship requirements of 28 U.S.C. § 1332(c)(1). So the same
Complaint amendment that is called for by this memorandum order
must also provide the missing information.
In summary, Dennis' counsel is granted leave to file an
appropriate amendment to the Complaint (not a full-blown Amended
Complaint) in this Court's chambers on or before July 26, 2004.
That amendment should be limited to replacing the present
Complaint ¶¶ 1 and 2. In the absence of such a timely filing,
however, this Court would be constrained to dismiss this action
for lack of subject matter jurisdiction.