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Korte v. Westfall

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


October 8, 2009

SUSAN KORTE, PERSONAL REPRESENTATIVE OF THE ESTATE OF BRIAN ENNEN, PLAINTIFF,
v.
NONA WESTFALL, PERSONAL REPRESENTATIVE OF THE ESTATE OF KEVIN ENNEN, DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

In light of Seventh Circuit admonitions, see, e.g., America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072 (1992), the Court has undertaken a rigorous initial review of pleadings to ensure that jurisdiction has been properly pled. The Court has noted the following defect in the jurisdictional allegations of the Complaint (Doc. 2) filed by plaintiff Susan Korte:

* Failure to allege the citizenship of decedent. A complaint asserting diversity jurisdiction must allege the citizenship of individual parties. 28 U.S.C. § 1332(a)(1). Where a suit is brought on behalf of or against the estate of a decedent, the citizenship of the legal representative of the estate shall be deemed to be that of the decedent. 28 U.S.C. § 1332(c)(2); see Gustafson v. zumBrunnen, 546 F.3d 398, 400-01 (7th Cir. 2008); Konradi v. United States, 919 F.2d 1207, 1214 (7th Cir. 1990). The plaintiff's complaint does not allege the citizenship of the plaintiff's or defendant's decedent prior to his death. The Court hereby ORDERS that the plaintiff shall have up to and including October 23, 2009, to amend the faulty pleading to correct the jurisdictional defect. Failure to amend the faulty pleading may result in dismissal of this case for lack of subject matter jurisdiction or for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Amendment of the faulty pleading to reflect an adequate basis for subject matter jurisdiction will satisfy this order. The plaintiff is directed to consult Local Rule 15.1 regarding amended pleadings and need not seek leave of Court to file such amended pleading.

IT IS SO ORDERED.

20091008

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