UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
May 14, 2010
DAVID BYRNE, ON HIS OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
CCC INFORMATION SERVICES, INC., DOING BUSINESS AS CCC VALUESOURCE, DEFENDANT.
The opinion of the court was delivered by: J. Phil Gilbert District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on its own initiative for purposes of case management.
Federal courts are courts of limited jurisdiction. They may exercise jurisdiction only over matters authorized by the Constitution and by statute. Turner/Ozanne v. Hyman/Power, 111 F.3d 1312, 1316 (7th Cir.1997). Moreover, federal courts must police the boundaries of their own jurisdiction. Even absent an objection by a party challenging jurisdiction, they are "obliged to inquire sua sponte whenever a doubt arises as to the existence of federal jurisdiction." Tylka v. Gerber Prods. Co., 211 F.3d 445, 448-49 (7th Cir. 2000) (quoting Mt. Healthy City Bd. of Educ. v. Doyle, 429 U.S. 274, 278 (1977)). As such, this Court conducts a rigorous initial review of complaints to ensure that jurisdiction has been properly pled.
Here, in his Amended Complaint (Doc. 3), Plaintiff David Byrne has invoked but not properly pled diversity of citizenship as a basis for federal jurisdiction. Indeed, federal courts have jurisdiction over a civil action between citizensof different states. See 28 U.S.C. § 1332 (2006). But, the Seventh Circuit Court of Appeals has repeatedly stated that "allegations of residence are insufficient to establish diversity jurisdiction." Held v. Held, 137 F.3d 998, 1000 (7th Cir. 1998) (emphasis added). Consequently, a complaint asserting diversity jurisdiction must allege citizenship, not residence. See, e.g., McMahon v. Bunn-O-Matic Corp., 150 F.3d 651, 653 (7th Cir. 1998); Pollution Control Indus. of Am., Inc. v. Van Gundy, 21 F.3d 152, 155 (7th Cir. 1994). "It is well-settled that '[w]hen the parties allege residence but not citizenship, the court must dismiss the suit.'" Held, 137 F.3d at 1000 (quoting Guar. Nat'l Title Co. v. J.E.G. Assoc., 101 F.3d 57, 58 (7th Cir. 1996)). Despite this, Byrne's complaint alleges his state of residence.
Furthermore, "[f]or the purposes of [28 U.S.C. § 1332(c)] . . . , a corporation shall be deemed a citizen of any State by which it has been incorporated and of the State where it has its principal place of business[.]" Se. Guar. Trust Co., Ltd. v. Rodman & Renshaw, Inc., 358 F. Supp. 1001, 1005-1006 (N.D. Ill. 1973) (emphasis added). In the operative complaint, Byrne merely alleges the state of incorporation of Defendant CCC Information Services, Inc.
Accordingly, the Court ORDERS Byrne to correct these and any other jurisdictional defects by May 28, 2010. See Tylka, 211 F.3d at 448 ("[I]t is not the court's obligation to lead counsel through a jurisdictional paint-by-numbers scheme."). Should he fail to do so, the Court will dismiss this matter for lack of subject matter jurisdiction.
IT IS SO ORDERED.
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