Opinion
CAUSE NO. 1:17-cv-00367-WLC-SLC
08-29-2017
THE ONTARIO REGIMENT (RCAC) MUSEUM, Plaintiff, v. DEAN V. KRUSE FOUNDATION, INC., Defendant.
OPINION AND ORDER
This case was filed in this Court on August 24, 2017, based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a)(2). (DE 1). The complaint alleges that Plaintiff The Ontario Regiment (RCAC) Museum ("ONTR Museum") is a citizen of Canada because it is a "not-for-profit entity" located therein. (DE 1 ¶ 1). It alleges that Defendant Dean V. Kruse Foundation, Inc., is an "Indiana not-for-profit corporation with its principal offices located" in Indiana. (DE 1 ¶ 2).
As the party seeking to invoke federal diversity jurisdiction, a plaintiff bears the burden of demonstrating that the requirement of complete diversity has been met. Chase v. Shop 'N Save Warehouse Foods, Inc., 110 F.3d 424, 427 (7th Cir. 1997). Here, ONTR Museum fails to plead sufficient facts for diversity jurisdiction in that it fails to identify how it is organized in Canada; i.e., whether it is a corporation or an unincorporated association.
A corporation is considered a citizen of the state by which it is incorporated and the state where it has its principal place of business. 28 U.S.C. § 1332(c)(1); N. Trust Co. v. Bunge Corp., 899 F.2d 591, 594 (7th Cir. 1990). Conversely, "if a firm is not incorporated, its citizenship is determined by the citizenship of its proprietor, partners, members, or other participants." Wild v. Subscription Plus, Inc., 292 F.3d 526, 528 (7th Cir. 2002); see Fellowes, Inc. v. Changzhou Xinrui Fellowes Office Equip. Co. Ltd., 759 F.3d 787, 790 (7th Cir. 2014) (finding that a business established under the laws of China had the citizenship of every member-investor). Citizenship must be "traced through multiple levels" for members of ONTR Museum if it is a partnership or a limited liability company, as anything less can result in a dismissal for want of jurisdiction. Mut. Assignment & Indem. Co. v. Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004).
Therefore, ONTR Museum is ORDERED to file a supplemental jurisdictional statement reciting its organizational form and citizenship, tracing citizenship through all applicable layers of ownership, if necessary.
SO ORDERED.
Enter for this 29th day of August 2017.
/s/ Susan Collins
Susan Collins
United States Magistrate Judge