Frank Landry, as Administrator of the Estate of Zachary Landry v. Homero Molina, Om Transportation, Inc., and El Transport, LLC; Trisura Specialty Insurance Company
This text of Frank Landry, as Administrator of the Estate of Zachary Landry v. Homero Molina, Om Transportation, Inc., and El Transport, LLC; Trisura Specialty Insurance Company (Frank Landry, as Administrator of the Estate of Zachary Landry v. Homero Molina, Om Transportation, Inc., and El Transport, LLC; Trisura Specialty Insurance Company) 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.
Opinion
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
FRANK LANDRY, AS ADMINISTRATOR OF THE ESTATE OF ZACHARY LANDRY,
Plaintiff,
v.
HOMERO MOLINA, OM TRANSPORTATION, INC., and Case No. 25-cv-01965-JPG EL TRANSPORT, LLC,
Defendants,
and
TRISURA SPECIALTY INSURANCE COMPANY,
Citation Respondent.
MEMORANDUM AND ORDER
In light of Seventh Circuit Court of Appeals admonitions, see Page v. Dem. Nat’l Comm., 2 F.4th 630, 634 (7th Cir. 2021) (citing Great S. Fire Proof Hotel Co. v. Jones, 177 U.S. 449, 453 (1900)); 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 Page, 2 F.4th at 634 (federal courts “must make their own inquiry to ensure that all statutory requirements are met before exercising jurisdiction”); 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 Citation Respondent Trisura Specialty Insurance Company (“Trisura”): 1. Failure to allege the citizenship of decedent. A notice of removal asserting diversity jurisdiction must allege the citizenship of individual parties. 28 U.S.C. § 1332(a)(1). The citizenship of the legal representative of a decedent’s estate is deemed to be that of the decedent. 28 U.S.C. § 1332(c)(2); see Gustafson v. zumBrunnen, 546 F.3d 398, 400-01 (7th Cir. 2008); Konradi v. United States, 919 F.2d 1207, 1214 (7th Cir. 1990). The notice of removal does not allege the decedent’s citizenship prior to his death.
The Court hereby ORDERS that Citation Respondent Trisura shall have up to and including November 14, 2025, to amend the faulty pleading to correct the jurisdictional defect. See 28 U.S.C. § 1653. Trisura need not seek leave of Court to file the amended pleading.
IT IS SO ORDERED. DATED: October 30, 2025
s/ J. Phil Gilbert J. PHIL GILBERT United States District Judge
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