Madison - St. Clair Record

Monday, October 14, 2019

Court activity on Jan. 15: Auto-Owners Insurance Company vs A-Z Welding & Machine, Inc.

Lawsuits

By The Madison County Record | Jan 16, 2019


The U.S. District Court for the Southern District of Illinois reported the following activity in the suit brought by Auto-Owners Insurance Company against A-Z Welding & Machine, Inc., Bob Ayers and Kevin Brown on Jan. 15: 'Order Regarding Jurisdiction: This Matter Is Before The Court Sua Sponte On The Issue Of Federal Subject Matter Jurisdiction. See Foster V. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007) ("it Is The Responsibility Of A Court To Make An Independent Evaluation Of Whether Subject Matter Jurisdiction Exists In Every Case."). Plaintiff Filed This Declaratory Judgment Action On January 11, 2019, Asserting That This Court Has Original Jurisdiction Over The Action Pursuant To The Complete Diversity Of The Parties, As Per 28 U.s.c. 1332 (doc. 1 ). Plaintiff, However, Has Failed To Properly Allege The Citizenship Of Defendants Bob Ayers And Kevin Brown. Plaintiff Alleges That These Defendants Are Residents Of Illinois. However, "residence And Citizenship Are Not Synonyms And It Is The Latter That Matters For Purposes Of Diversity Jurisdiction." Meyerson V. Harrah's E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). The Citizenship Of A Natural Person For Diversity Purposes Is Determined, Of Course, By The Person's Domicile, See Pollution Control Indus. Of Am., Inc. V. Van Gundy, 21 F.3d 152, 155 N. 4 (7th Cir. 1994), Which Means The State Where The Person Is Physically Present With An Intent To Remain There Indefinitely. See Perry V. Pogemiller, 16 F.3d 138, 140 (7th Cir. 1993); Cassens V. Cassens, 430 F. Supp. 2d 830, 833 (s.d. Ill. 2006). Accordingly, Pursuant To 28 U.s.c. 1653, Plaintiff Is Ordered To File An Amended Complaint On Or Before February 12, 2019 To Properly Set Forth The Citizenship Of Defendants Bob Ayers And Kevin Brown. Signed By Judge Nancy J. Rosenstengel On 1/15/2019. (bak)this Text Entry Is An Order Of The Court. No Further Documentation Will Be Mailed.'

Case number 3:19-cv-00039-NJR-RJD was filed in the U.S. District Court for the Southern District of Illinois on 01/11/2019.

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U.S. District Court for the Southern District of Illinois

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