Bond v. Tarantino et al, No. 1:2013cv00227 - Document 4 (N.D. Ind. 2013)

Court Description: OPINION AND ORDER re 1 COMPLAINT with Jury Demand against Ralph Moyle Inc, Patrick Tarantino. Plaintiff is ORDERED to supplement the record by filing an Amended Complaint on or before August 19, 2013, properly alleging the citizenship of Defendant Ralph Moyle Inc. by including the state in which its principal place of business is located. Signed by Magistrate Judge Roger B Cosbey on 8/5/13. (lhc)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION MATTIE BOND, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. PATRICK TARANTINO and RALPH MOYLE INC., Defendants. CAUSE NO. 1:13-CV-227 OPINION AND ORDER This case was filed in this Court based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). (Docket # 1.) The Complaint alleges that Defendant Ralph Moyle Inc., a Corporation, is a commercial trucking and hauling company incorporated under the laws of Michigan with a registered agent in Michigan. (Compl. ¶ 2.) The Complaint, however, is inadequate as to Defendant Ralph Moyle Inc. because corporations are deemed to be citizens of the state in which they are incorporated and of the state in which they have their principal place of business. N. Trust Co. v. Bunge Corp., 899 F.2d 591, 594 (7th Cir. 1990) (emphasis added); see 28 U.S.C. § 1332(c)(1). The term principal place of business refers to the corporation s nerve center the place where a corporation s officers direct, control, and coordinate the corporation s activities. Hertz Corp. v. Friend, 130 S. Ct. 1181, 1192 (2010). Thus, the Court must be apprised of both facts the state of incorporation and the state in which the principal place of business is located with respect to Defendant Ralph Moyle Inc. Here, although the Complaint alleges that Ralph Moyle Inc. is incorporated under the laws of 1 Michigan, it contains no allegations concerning the state in which Ralph Moyle Inc. maintains its principal place of business. Therefore, Plaintiff is ORDERED to supplement the record by filing an Amended Complaint on or before August 19, 2013, properly alleging the citizenship of Defendant Ralph Moyle Inc. by including the state in which its principal place of business is located. SO ORDERED. Enter for this 5th day of August, 2013. /S/ Roger B. Cosbey Roger B. Cosbey, United States Magistrate Judge 2

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