Baczewski v. Schnuck Markets Inc.

S.D. Illinois

Baczewski v. Schnuck Markets Inc.

DecidedJune 3, 2025

Docket3:25-cv-01138

StatusUnknown

This text of Baczewski v. Schnuck Markets Inc. (Baczewski v. Schnuck Markets Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baczewski v. Schnuck Markets Inc., (S.D. Ill. 2025).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JUDY BACZEWSKI, Plaintiff, v. Case No. 25-1138 JPG SCHNUCK MARKETS, INC., Defendant.

MEMORANDUM AND ORDER In light of Seventh Circuit Court of Appeals admonitions, see Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007), the Court has undertaken a rigorous initial review of pleadings to ensure that jurisdiction has been properly pled. See Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010) (noting courts’ “independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it”). The Court has noted

the following defect in the jurisdictional allegations of the Notice of Removal (Doc. 1) filed by defendant. • Failure to allege the citizenship of an individual. A complaint asserting diversity jurisdiction must allege the citizenship of an individual defendant, not merely residence. 28 U.S.C. § 1332(a)(1); Meyerson v. Harrah’s East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002); Held v. Held, 137 F.3d 998, 1000 (7th Cir. 1998). Allegations of “residence” are jurisdictionally insufficient. Steigleder v. McQuesten, 198 U.S. 141 (1905). Dismissal is appropriate where parties allege residence but not citizenship. Held, 137 F.3d at 1000. Notice of Removal alleges residence but not citizenship of Judy Baczewski. The Court hereby ORDERS Defendant shall have up to and including June 17, 2025 to amend the faulty pleading to correct the jurisdictional defects. See 28 U.S.C. § 1653. Failure to cure the noted defect will result in remand of this case for lack of subject Rule 15.1 regarding amended pleadings and need not seek leave of Court to file such amended pleading. IT IS SO ORDERED. DATED: 6/3/2025 s/J. Phil Gilbert J. PHIL GILBERT U.S. DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JUDY BACZEWSKI, Plaintiff, v. Case No. 25-1138 JPG SCHNUCK MARKETS, INC., Defendant.

MEMORANDUM AND ORDER In light of Seventh Circuit Court of Appeals admonitions, see Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007), the Court has undertaken a rigorous initial review of pleadings to ensure that jurisdiction has been properly pled. See Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010) (noting courts’ “independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it”). The Court has noted

the following defect in the jurisdictional allegations of the Notice of Removal (Doc. 1) filed by defendant. • Failure to allege the citizenship of an individual. A complaint asserting diversity jurisdiction must allege the citizenship of an individual defendant, not merely residence. 28 U.S.C. § 1332(a)(1); Meyerson v. Harrah’s East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002); Held v. Held, 137 F.3d 998, 1000 (7th Cir. 1998). Allegations of “residence” are jurisdictionally insufficient. Steigleder v. McQuesten, 198 U.S. 141 (1905). Dismissal is appropriate where parties allege residence but not citizenship. Held, 137 F.3d at 1000. Notice of Removal alleges residence but not citizenship of Judy Baczewski. The Court hereby ORDERS Defendant shall have up to and including June 17, 2025 to amend the faulty pleading to correct the jurisdictional defects. See 28 U.S.C. § 1653. Failure to cure the noted defect will result in remand of this case for lack of subject Rule 15.1 regarding amended pleadings and need not seek leave of Court to file such amended pleading. IT IS SO ORDERED. DATED: 6/3/2025 s/J. Phil Gilbert J. PHIL GILBERT U.S. DISTRICT JUDGE

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Baczewski v. Schnuck Markets Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/baczewski-v-schnuck-markets-inc-ilsd-2025.

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