Opinion
Civil Action 21-cv-01741-R
06-28-2021
SANDRA FILLINGIM, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant.
ORDER
RAYMOND P. MOORE United States District Judge
This matter is before the Court sua sponte. Plaintiff filed this insurance contract dispute alleging subject matter jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332. To support diversity jurisdiction, Plaintiff alleges that she is a resident and citizen of Colorado. Plaintiff also alleges that her home, allegedly insured by Defendant, is in Longmont, Colorado. (ECF No. 1, ¶¶ 1, 5, 10, 12.) As for Defendant, Plaintiff alleges that “Plaintiff is a corporation in good standing in the State of Colorado. Plaintiff's principal office street address is One State Farm Plaza, Bloomington, IL 61710.” (ECF No. 1, ¶ 2.) Even if the Court assumes Plaintiff is referring to Defendant in paragraph two of her complaint, such allegations do not plausibly sho that diversity jurisdiction exists.
Specifically, Defendant is apparently a corporation and it is therefore “deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business.” 28 U.S.C. § 1332(c)(1) (emphasis added). Plaintiff, however, fails to allege where Defendant is incorporated. Accordingly, diversity jurisdiction has not been shown. It is therefore
ORDERED that on or before Friday, July 2, 2021, Plaintiff shall SHOW CAUSE why this action should not be dismissed without prejudice for lack of subject matter jurisdiction.