BAUMANN v. BALASHI et al
DOUGLAS E. BAUMANN |
AUREL BALASHI and S.A. EXPRESS, INC. |
4:2016cv00128 |
July 6, 2016 |
US District Court for the Southern District of Indiana |
New Albany Office |
Debra McVicker Lynch |
Tanya Walton Pratt |
Motor Vehicle |
28 U.S.C. ยง 1332 Diversity-Auto Negligence |
Plaintiff |
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Filing 6 ENTRY ON JURISDICTION - On July 6, 2016, the Plaintiff, Douglas E. Baumann, filed a Complaint which failed to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. Specifically, the Complain t alleges that this Court has jurisdiction based upon diversity of citizenship, however, the Complaint fails to sufficiently allege the citizenship of the parties. Citizenship is the operative consideration for jurisdictional purposes. The Complaint alleges that the Plaintiff is a "resident" of Indiana. This allegation of residency is not sufficient to allow the Court to determine whether diversity jurisdiction exists. In addition, the Complaint fails to allege the principal place of b usiness of Defendant S.A. Express, Inc. Further, the Complaint alleges the Defendants' citizenship "upon information and belief." To remedy these deficiencies, the Plaintiff shall file a supplemental jurisdictional statement to suffici ently establish this Court's jurisdiction over this case. The Plaintiff's statement must accurately identify the citizenship of each party and remedy the basis for his jurisdictional allegations. The Plaintiff's supplemental jurisdictional statement is due fourteen (14) days after the date of this entry. See Entry for details. Signed by Judge Tanya Walton Pratt on 7/18/2016. (MAG) |
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