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Gus Mijalis and Stacy Miajlis v. Takeda Pharmaceuticals America

October 31, 2011

GUS MIJALIS AND STACY MIAJLIS, PLAINTIFFS,
v.
TAKEDA PHARMACEUTICALS AMERICA, INC., TAKEDA PHARMACEUTICALS NORTH AMERICA, INC., TAKEDA PHARMACEUTICAL COMPANY LIMITED, AND ELI LILLY AND COMPANY, DEFENDANTS.



The opinion of the court was delivered by: Michael J. Reagan United States District Judge

ORDER ON THRESHOLD JURISDICTIONAL REVIEW REAGAN, District Judge:

On August 30, 2011, Gus and Stacy Mijalis filed suit in this District Court naming four Defendants and invoking subject matter jurisdiction under the federal diversity statute, 28 U.S.C. 1332. The lawsuit was randomly assigned to the Honorable William D. Stiehl, who recused from the case on October 27, 2011. The case has been reassigned to the undersigned Judge, whose first task is to verify that subject matter jurisdiction lies.

28 U.S.C. 1332 requires complete diversity among the parties and an amount in controversy exceeding $75,000, exclusive of interest and costs. The complaint alleges serious personal injuries resulting from ingestion of an "unreasonably dangerous and defective" prescription drug (Actos) and sufficiently pleads the amount in controversy. But the complaint leaves questions as to the citizenship of two of the parties.

First, nothing is disclosed as to the citizenship of Plaintiff Stacy Mijalis. Paragraphs 5 and 6 speak only of Gus Mijalis and use the term "Plaintiff" in the singular (as do the introductory paragraph of the complaint and the "Summary of the Case"). Of course, it is likely that Stacy Mijalis (Gus's wife) is an Illinois citizen, since page 21 of the complaint makes fleeting reference to her "cohabitating" ...


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