Craft et al v. Triumph Logistics, Inc. et al, No. 2:2014cv00093 - Document 6 (M.D. Ala. 2014)
Court Description: OPINION AND ORDER: it is the ORDER, JUDGMENT, and DECREE of the court that the plfs have until 3/10/2014, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 2/27/2014. (wcl, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION GWENDOLYN CRAFT; et al., ) ) ) ) ) ) ) ) ) ) Plaintiffs, v. TRIUMPH LOGISTICS, INC.; et al., Defendants. CIVIL ACTION NO. 2:14cv93-MHT (WO) OPINION AND ORDER The allegations insufficient to of the invoke citizenship jurisdiction. plaintiffs this court's complaint are diversity-of- The allegations must show that the citizenship of each plaintiff is different from that of each defendant. The 28 U.S.C. ยง 1332. plaintiffs complaint fails to meet this standard. The complaint gives the "residence" rather than the "citizenship" of plaintiffs Gwendolyn Craft, Brandy Craft, and Williams. Julie Butler and defendant Reco Gerome An allegation that a party is a "resident" of a State is not sufficient to establish that a party is a "citizen" of that State. Delome v. Union Barge Line Co., 444 F.2d 225, 233 (5th Cir.), cert. denied, 404 U.S. 995 (1971). *** It is therefore the ORDER, JUDGMENT, and DECREE of the court that the plaintiffs have until March 10, 2014, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed prejudice. DONE, this the 27th day of February, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE without
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