IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
September 27, 2011
MICHELLE TUMEY, PLAINTIFF,
SUPERVALU, INC., DEFENDANT.
The opinion of the court was delivered by: Murphy, District Judge:
MEMORANDUM AND ORDER
Defendant Supervalu, Inc., removed this personal injury action under
the Court's diversity of citizenship jurisdiction. According to the
amended notice of removal (Doc. 8), Plaintiff Michelle Tumey is a
citizen of Illinois. Defendant Supervalu, Inc., is a Delaware
corporation with its principal place of business in Minnesota and,
therefore, is a citizen of Delaware and Minnesota. See
28 U.S.C. § 1332(c)(1). Supervalu, Inc., filed a motion to dismiss on
the basis that it is an improperly named party. In response, Plaintiff
seeks leave to amend the complaint to name the proper defendant, Shop
'N Save Warehouse Foods, Inc. Plaintiff's proposed amended complaint,
however, fails to properly allege the parties' citizenship.*fn1
See generally Hammes v. AAMCO Transmissions, Inc., 33 F.3d
774, 778 (7th Cir. 1994) ("the court has an
independent duty to satisfy itself that it has subject-matter
jurisdiction"); see also Ricketts v. Midwest Nat'l Bank, 874 F.2d
1177, 1181 (7th Cir. 1989).
Plaintiff's motion for leave to file an amended complaint (Doc. 6) is GRANTED in part and DENIED in part. It is granted to the extent that Plaintiff is granted leave to properly name the defendant as Shop 'N Save Warehouse Foods, Inc. It is denied to the extent that Plaintiff must correct the jurisdictional deficiencies identified above before filing her amended complaint. Pursuant to 28 U.S.C. § 1653, Plaintiff is ORDERED to file an Amended Complaint on or before October 4, 2011, to establish the citizenship of Shop 'N Save Warehouse Foods, Inc.*fn2 Plaintiff's Amended Complaint need not be accompanied by another motion for leave to file.
Defendant's motion to dismiss (Doc. 3) is GRANTED. Supervalu, Inc., is terminated as a defendant in this case.
IT IS SO ORDERED.
G. PATRICK MURPHY United States District Judge