IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
May 11, 2012
TODD L. BOWERS, INC., ETC., PLAINTIFF,
RBS CITIZENS FINANCIAL GROUP, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge
Todd L. Bowers, Inc. ("Bowers") has filed a Class Action Complaint against three corporate defendants referred to collectively as "Citizens Bank," seeking to invoke federal subject matter jurisdiction under CAFA (see 28 U.S.C. §1332(d)). Because this Court's threshold look at the Complaint reveals two questions in that respect, this memorandum order is issued sua sponte. On or before May 22, 2012 Bowers' counsel is ordered to provide the following information that is unanswered in the Complaint:
1. Complaint ¶¶4 and 5 do not provide the full requisite citizenship information as to two of the corporations included within the collective "Citizens Bank" group.
2. Bowers is also silent as to the required objective good faith belief (see Fed. R. Civ. P. 11(b)) for the allegation in Complaint ¶7 that the amount in controversy exceeds $5 million, as is required to bring this action within CAFA.
If Bowers' counsel fails to provide the requisite information as to those two matters on or before May 22, this Court will be constrained to dismiss this action for lack of subject matter jurisdiction. If however the jurisdictional gaps identified here have been closed by information provided during that time frame, this Court will issue its customary initial scheduling order.
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