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Seifert v. Penske Truck Leasing Corp.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 18, 2006

ELSIE L. SEIFERT AND MARVIN SEIFERT, PLAINTIFFS,
v.
PENSKE TRUCK LEASING CORPORATION ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gilbert, District Judge

MEMORANDUM AND ORDER

Plaintiffs filed their complaint in this matter on December 15, 2006 (Doc. 3). Because it fails to establish the jurisdiction of this Court, plaintiffs must amend their jurisdictional allegations or the Court will dismiss their suit.

Pursuant to the repeated admonitions of the Seventh Circuit Court of Appeals, this Court vigorously polices its jurisdiction. See, e.g., America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072 (7th Cir. 1992). Upon review, the Court finds that plaintiffs' jurisdictional allegations fail because plaintiffs did not affirmatively allege both the state of incorporation and the principal place of business of the defendants. 28 U.S.C. § 1332(c)(1); E.g., McCready v. EBay, Inc., 453 F.3d 882, 891 (7th Cir. 2006).

Accordingly, the Court ORDERS that the plaintiffs shall have fifteen (15) days from the entry of this order, in which to amend the complaint and correct these and any other jurisdictional defects. See Tylka v. Gerber Products Co., 211 F.3d 445, 448 (7th Cir. 2000). If the plaintiffs fail to do so, the Court will dismiss the action for lack of subject matter jurisdiction.

IT IS SO ORDERED.

J. PHIL GILBERT DISTRICT JUDGE

20061218

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