Opinion
No. 04 C 4586.
August 2, 2004
MEMORANDUM ORDER
Despite the unambiguous directions contained in this Court's July 15, 2004 memorandum order ("Order"), counsel for plaintiff Timothy Dennis ("Dennis") has responded with a pleading that:
1. is a full-blown 13-page repeat of the original Complaint, not just the required amendment to Complaint ¶¶ 1 and 2 (as the Order had specifically instructed); and
2. has made no change whatever in Complaint ¶ 2, despite the Order's express identification of 28 U.S.C. § 1332(c)(1) for the necessary allegations as to corporate citizenship.
That failure to follow clear instructions has created no substantive harm — it's just careless.
Because Dennis has not satisfied his duty to establish the required diversity, this Court must — and does — dismiss this action for lack of subject matter jurisdiction, as the Order had forewarned.