IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
August 24, 2010
TERRI ANN KOELKER, PLAINTIFF,
INNOVATIVE TECHNICAL SOLUTIONS, LLC, DEFENDANT.
The opinion of the court was delivered by: Herndon, Chief Judge
This sua sponte Order is triggered by the Court's initial review of the complaint.*fn1 On August 23, 2010, Defendant removed this case to this Court based on diversity jurisdiction (Doc. 2). The Court notes that neither the complaint nor the notice of removal properly pleads citizenship.*fn2
Complete diversity means that "none of the parties on either side of the litigation may be a citizen of the state of which a party on the other side is a citizen." Howell v. Tribune Entertainment Co., 106 F.3d 215, 217 (7th Cir. 1997). In determining the existence of diversity jurisdiction, courts look to the citizenship of all partners or investors in a partnership or limited liability company. Lear Corporation v. Johnson Electric Holdings Limited, 353 F.3d 580, 582 (7th Cir. 2003). Here the allegations regarding Defendant's citizenship are insufficient to confer diversity jurisdiction. Thus, the Court ALLOWS Defendant up to and including September 7, 2010 to file a brief addressing subject matter jurisdiction. The failure to do so will result in the Court remanding this case to the St. Clair County, Illinois Circuit Court for lack of subject matter jurisdiction.
IT IS SO ORDERED.
David R Herndon Chief Judge United States District Court