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Precoat Metals Corp. v. Southeastern Stud & Components, Inc.

United States District Court, M.D. Alabama, Northern Division

October 27, 2014

PRECOAT METALS CORP., Plaintiff,
v.
SOUTHEASTERN STUD & COMPONENTS, INC., et al., Defendants.

OPINION AND ORDER

MYRON H. THOMPSON, District Judge.

The allegations of the plaintiff's complaint are insufficient to invoke this court's jurisdiction under 28 U.S.C. § 1332. To invoke jurisdiction based on diversity, a complaint must distinctly and affirmatively allege each party's citizenship. McGovern v. American Airlines, Inc. , 511 F.2d 653, 654 (5th Cir. 1975) (per curiam).[*] 28 U.S.C. § 1332(c) provides that a corporation shall be deemed a citizen, first, of all States by which it has been incorporated and, second, of the State where it has its principal place of business. To invoke jurisdiction based on diversity in a case in which a corporation is a party, it is thus necessary to allege distinctly and affirmatively all the States by which the corporation has been incorporated and the State in which the corporation has its principal place of business. American Motorists Ins. Co. v. American Employers' Ins. Co. , 600 F.2d 15, 16 and n.1 (5th Cir. 1979) (per curiam). The plaintiff's complaint fails to allege sufficiently the citizenship of corporate plaintiff Precoat Metals Corp.

***

It is therefore the ORDER, JUDGMENT, and DECREE of the court that the plaintiff has until November 7, 2014, to amend the complaint to allege § 1332 jurisdiction sufficiently, see 28 U.S.C. § 1653; otherwise, this cause shall be dismissed without prejudice.


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