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Carpenters' District Council of Greater St. Louis and Vicinity v. Safeco Insurance Co. of America

United States District Court, Seventh Circuit

January 17, 2014

CARPENTERS' DISTRICT COUNCIL OF GREATER ST. LOUIS AND VICINITY and TERRY M. NELSON, RENEE BELL, BRIAN PALUCH, JOHN W. FISCHER, MICHAEL T. THUSTON, DONALD J. BRUSSEL, JR., SCOTT BYRNE, KEN STRICKER, KIRK VERSEMAN, ALBERT BOND, ROBERT CALHOUN, RON DICUS, KEVIN BYRNE, and EARL POE, III, in their representative capacities as trustees of the CARPENTERS' PENSION TRUST FUND OF ST. LOUIS, and TERRY M. NELSON, RENEE BELL, BRIAN PALUCH, JOHN W. FISCHER, MICHAEL T. THUSTON, DONALD J. BRUSSEL, JR., SCOTT BYRNE, KEN STRICKER, KIRK VERSEMAN, ALBERT BOND, ROBERT CALHOUN, RON DICUS, KEVIN BYRNE, and EARL POE, III in their representative capacities as trustees of the CARPENTERS' HEALTH AND WELFARE TRUST FUND OF ST. LOUIS, and TERRY M. NELSON, RENEE BELL, BRIAN PALUCH, JOHN W. FISCHER, MICHAEL T. THUSTON, DONALD J. BRUSSEL, JR., SCOTT BYRNE, KEN STRICKER, KIRK VERSEMAN, ALBERT BOND, ROBERT CALHOUN, RON DICUS, KEVIN BYRNE, and EARL POE, III in their representative capacities as trustees of the CARPENTERS' VACATION TRUST FUND OF ST. LOUIS and RENEE BELL, ROBERT BEHLMAN, DAVE MARXKORS, KEITH TAYLOR, MICHAEL T. THUSTON, MIKE GRIGAITIS, RON DICUS, ROBERT WOLF, TERRY M. NELSON, BOB FRITZ and ALBERT BOND in their representative capacities as trustees of the CARPENTERS' JOINT TRAINING FUND OF ST. LOUIS, Plaintiffs,
v.
SAFECO INSURANCE COMPANY OF AMERICA and H.B.D. CONSTRUCTION, INC., Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

In light of Seventh Circuit Court of Appeals admonitions, see Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007), the Court has undertaken a rigorous initial review of pleadings to ensure that jurisdiction has been properly pled. In this case, the plaintiffs have asserted that the Court has diversity subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1332(a). That statute requires that the opposing parties not be citizens of the same state. Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267 (1806). However, in this case, both the plaintiffs and defendant H.B.D. Construction, Inc. are citizens of Missouri. Compl. ¶ 7. Thus, this Court lacks subject matter jurisdiction over this case and, accordingly, DISMISSES this case for lack of jurisdiction. The Clerk of Court is DIRECTED to enter judgment accordingly.

IT IS SO ORDERED.


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