Vernor v. Jenkins, PA-C

• Court: District Court, S.D. Illinois
• Decided: April 8, 2022
• Docket: 3:22-cv-00682
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

SHARON VERNOR, as Administrator of the Estate of LeQuon Marquis Vernor, deceased,

Plaintiff,

v. Case No. 22-682 JPG

THOMAS W. JENKINS, PA-C, et al.,

Defendants.

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 Lincare, Inc.: Failure to allege the citizenship of decedent. A complaint asserting diversity jurisdiction must allege the citizenship of individual parties. 28 U.S.C. § 1332(a)(1). Where a suit is brought on behalf of the estate of a decedent, the citizenship of the legal representative of the estate shall be 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). Allegations of “residence” are jurisdictionally insufficient. Steigleder v. McQuesten, 198 U.S. 141 (1905). The defendant’s notice of removal alleges the plaintiff’s individual citizenship but not the decedent’s citizenship before his death for her representative claims.

The Court hereby ORDERS Defendants shall have up to and including April 22, 2022 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: April 8, 2022

s/J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE