Green v. Michelin North America Inc.

N.D. Indiana

Green v. Michelin North America Inc.

DecidedJune 18, 2024

Docket1:24-cv-00225

StatusUnknown

This text of Green v. Michelin North America Inc. (Green v. Michelin North America Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Green v. Michelin North America Inc., (N.D. Ind. 2024).

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION

MILTON M. GREEN, JR., )

) Plaintiff, )

v. ) Case No. 1:24-cv-00225-CCB-SLC ) MICHELIN NORTH AMERICA INC., ) doing business as BF Goodrich Fort ) Wayne Manufacturing, also known as ) BF Goodrich Tire Manufacturing, ) formerly known as The BF Goodrich ) Company, ) ) Defendant. ) OPINION AND ORDER Defendant removed this case from the Allen County Superior Court on May 31, 2024, alleging diversity of citizenship as the basis for jurisdiction under 28 U.S.C. § 1332. (ECF 1). Subject matter jurisdiction is the first issue that must be addressed, Baker v. IBP, Inc., 357 F.3d 685, 687 (7th Cir. 2004), and thus, the Court raises the issue sua sponte, pursuant to Federal Rule of Civil Procedure 12(h)(3). Defendant’s diversity allegations in the complaint are lacking in one respect as to Plaintiff. Defendant alleges that “[o]n information and belief, Plaintiff is a citizen of Indiana . . . .” (ECF 1 ¶ 4 (emphasis added)). But “[a]llegations of federal subject matter jurisdiction may not be made on the basis of information and belief, only personal knowledge.” Yount v. Shashek, 472 F. Supp. 2d 1055, 1057 n.1 (S.D. Ill. 2006) (citations omitted); see also Am.’s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992); Ferolie Corp. v. Advantage Sales & Mktg., LLC, No. 04 C 5425, 2004 WL 2433114, at *1 (N.D. Ill. Oct. 28, 2004). Therefore, Defendant is AFFORDED to and including June 25, 2024, to file a supplemental jurisdiction statement that adequately alleges Plaintiff’s citizenship. See Chase v. Shop ‘N Save Warehouse Foods, Inc., 110 F.3d 424, 427 (7th Cir. 1997) (stating that the party seeking to invoke federal diversity jurisdiction bears the burden of demonstrating that the

requirement of complete diversity has been met). SO ORDERED. Entered this 18th day of June 2024. /s/ Susan Collins Susan Collins United States Magistrate Judge

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION

MILTON M. GREEN, JR., )

) Plaintiff, )

v. ) Case No. 1:24-cv-00225-CCB-SLC ) MICHELIN NORTH AMERICA INC., ) doing business as BF Goodrich Fort ) Wayne Manufacturing, also known as ) BF Goodrich Tire Manufacturing, ) formerly known as The BF Goodrich ) Company, ) ) Defendant. ) OPINION AND ORDER Defendant removed this case from the Allen County Superior Court on May 31, 2024, alleging diversity of citizenship as the basis for jurisdiction under 28 U.S.C. § 1332. (ECF 1). Subject matter jurisdiction is the first issue that must be addressed, Baker v. IBP, Inc., 357 F.3d 685, 687 (7th Cir. 2004), and thus, the Court raises the issue sua sponte, pursuant to Federal Rule of Civil Procedure 12(h)(3). Defendant’s diversity allegations in the complaint are lacking in one respect as to Plaintiff. Defendant alleges that “[o]n information and belief, Plaintiff is a citizen of Indiana . . . .” (ECF 1 ¶ 4 (emphasis added)). But “[a]llegations of federal subject matter jurisdiction may not be made on the basis of information and belief, only personal knowledge.” Yount v. Shashek, 472 F. Supp. 2d 1055, 1057 n.1 (S.D. Ill. 2006) (citations omitted); see also Am.’s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992); Ferolie Corp. v. Advantage Sales & Mktg., LLC, No. 04 C 5425, 2004 WL 2433114, at *1 (N.D. Ill. Oct. 28, 2004). Therefore, Defendant is AFFORDED to and including June 25, 2024, to file a supplemental jurisdiction statement that adequately alleges Plaintiff’s citizenship. See Chase v. Shop ‘N Save Warehouse Foods, Inc., 110 F.3d 424, 427 (7th Cir. 1997) (stating that the party seeking to invoke federal diversity jurisdiction bears the burden of demonstrating that the

requirement of complete diversity has been met). SO ORDERED. Entered this 18th day of June 2024. /s/ Susan Collins Susan Collins United States Magistrate Judge

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