CERNY-CARBAJAL v. KUEHNLEIN TRUCKING, INC.

• Court: District Court, S.D. Indiana
• Decided: October 11, 2023
• Docket: 1:23-cv-01724
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

ALLYN CERNY-CARBAJAL, CARLOS ) CARBAJAL-ARMENDARIZ, and CDE ) INDUSTRIES, LLC, ) ) Plaintiffs, ) No. 1:23-cv-01724-JMS-MG ) vs. ) ) KUEHNLEIN TRUCKING, INC. and SHAWN ) NEVER, ) ) Defendants. )

ORDER

Defendants removed the case to this Court on the basis of diversity jurisdiction. Fed. R. Civ. P. 7.1(a)(2) provides: In an action in which jurisdiction is based on diversity under 28 U.S.C. §1332(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement. The statement must name – and identify the citizenship of – every individual or entity whose citizenship is attributed to that party or intervenor:

(A) when the action is filed in or removed to federal court, and

(B) when any later event occurs that could affect the court's jurisdiction under §1332(a).

Defendant Kuehnlein Trucking, Inc. has filed a Rule 7.1 Disclosure Statement. However, Kuehnlien Trucking, Inc. does not provide its citizenship in its Rule 7.1 Disclosure Statement. A corporation is deemed a citizen of any state where it is incorporated and a citizen of the state where it has its principal place of business. 28 U.S.C. § 1332(c)(1); see also Smoot v. Mazda Motors of Am., Inc., 469 F.3d 675, 676 (7th Cir. 2006) (a corporation has two places of citizenship: where it is incorporated and where it has its principal place of business). Defendant must provide both in order for the Court to determine whether it has diversity jurisdiction over this matter. Defendant Kuehnlein Trucking, Inc. is ORDERED to file an Amended Rule 7.1 Disclosure Statement by October 25, 2023 which adequately sets forth its citizenship.

Date: 10/11/2023 Hon. Jane Magnus-Stinson, Judge ‘United States District Court Southern District of Indiana

Distribution via ECF only to all counsel of record