Seifert et al v. Penske Truck Leasing Corporation et al, No. 3:2006cv01019 - Document 5 (S.D. Ill. 2006)
Court Description: MEMORANDUM AND OPINION that plaintiff amend 3 Complaint with 15 days from entry of this order. Signed by Judge J. Phil Gilbert on 12/18/06. (dka, )
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Seifert et al v. Penske Truck Leasing Corporation et al Case 3:06-cv-01019-GPM-PMF Doc. 5 Document 5 Filed 12/18/2006 Page 1 of 1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ELSIE L. SEIFERT and MARVIN SEIFERT, Plaintiffs, v. Case No. 06-cv-1019-JPG PENSKE TRUCK LEASING CORPORATION et al., Defendants. MEMORANDUM AND ORDER GILBERT, District Judge: Plaintiffs filed their complaint in this matter on December 15, 2006 (Doc. 3). Because it fails to establish the jurisdiction of this Court, plaintiffs must amend their jurisdictional allegations or the Court will dismiss their suit. Pursuant to the repeated admonitions of the Seventh Circuit Court of Appeals, this Court vigorously polices its jurisdiction. See, e.g., America s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072 (7th Cir. 1992). Upon review, the Court finds that plaintiffs jurisdictional allegations fail because plaintiffs did not affirmatively allege both the state of incorporation and the principal place of business of the defendants. 28 U.S.C. ยง 1332(c)(1); E.g., McCready v. EBay, Inc., 453 F.3d 882, 891 (7th Cir. 2006). Accordingly, the Court ORDERS that the plaintiffs shall have fifteen (15) days from the entry of this order, in which to amend the complaint and correct these and any other jurisdictional defects. See Tylka v. Gerber Products Co., 211 F.3d 445, 448 (7th Cir. 2000). If the plaintiffs fail to do so, the Court will dismiss the action for lack of subject matter jurisdiction. IT IS SO ORDERED. DATED: December 18, 2006 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE Dockets.Justia.com
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