We Care Hair Development, Inc. v. Engen, No. 97 C 2579 (N.D. Ill. 1997). The second case, by firms claiming to be the original franchisor's successors in interest, was assigned to Judge Shadur, who dismissed for lack of federal jurisdiction in light of the damages cap in the state-court complaint. The Barbers, Hairstyling for Men and Women, Inc. v. Bishop, 962 F. Supp. 124 (N.D. Ill. 1997). Judge Gottschall has since enforced the arbitration clauses and enjoined prosecution of the pending state case.
Under the rule, parties on the opposing sides of the legal ledger ( i.e., plaintiff(s) and defendant(s)) must be of different citizenship. See Stromberg Metal Works, Inc., Comfort Control, Inc. v. Press Mechanical, Inc., 77 F.3d 928, 932 (7th Cir. 1996); see also Barbers v. Bishop, 962 F. Supp. 124, 125 (N.D.Ill.) ("Diversity between all plaintiffs on the one hand and all defendants on the other must of course be total"), vacated on other grounds, 132 F.3d 1203 (7th Cir. 1997).
"Under the rule of complete diversity, if there are residents of the same state on both sides of a lawsuit, the suit cannot be maintained under the diversity jurisdiction even when there is also a nonresident party." Id. at 931 (citations omitted); see also Barbers v. Bishop, 962 F. Supp. 124, 125 (N.D.Ill. 1997) ("Diversity between all plaintiffs on the one hand and all the Defendants on the other must of course be total"), vacated on other grounds, 132 F.3d 1203 (7th Cir. 1997). To determine an individual's citizenship under 28 U.S.C. ยง 1332, courts look to a person's domicile, rather than mere residency.