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John Hart v. Marty Jasper

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


October 11, 2011

JOHN HART, PLAINTIFF,
v.
MARTY JASPER, AND SUPER SERVICE, LLC, DEFENDANTS.

The opinion of the court was delivered by: Herndon, Chief Judge:

ORDER

This sua sponte Order is triggered by the Court's initial review of the complaint.*fn1 On October 7, 2011, defendants removed this case to this Court based on diversity jurisdiction (Doc. 4). The Court notes that neither the complaint nor the notice of removal properly pleads citizenship as to defendant Super Service, LLC.

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 Super Saver, LLC 's citizenship are insufficient to confer diversity jurisdiction. Thus, the Court ALLOWS defendants up to and including October 25, 2011 t o file a brief addressing subject matter jurisdiction. The failure to do so will result in the Court remanding this case to the Madison County, Illinois Circuit Court for lack of subject matter jurisdiction.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court


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