Opinion
1:24-cv-00225-CCB-SLC
06-18-2024
MILTON M. GREEN, JR., Plaintiff, v. MICHELIN NORTH AMERICA INC., doing business as BF Goodrich Fort Wayne Manufacturing, also known as BF Goodrich Tire Manufacturing, formerly known as The BF Goodrich Company, Defendant.
OPINION AND ORDER
SUSAN COLLINS, UNITED STATES MAGISTRATE JUDGE
Defendant removed this case from the Allen County Superior Court on May 31, 2024, alleging diversity of citizenship as the basis for jurisdiction under 28 U.S.C. § 1332. (ECF 1). Subject matter jurisdiction is the first issue that must be addressed, Baker v. IBP, Inc., 357 F.3d 685, 687 (7th Cir. 2004), and thus, the Court raises the issue sua sponte, pursuant to Federal Rule of Civil Procedure 12(h)(3).
Defendant's diversity allegations in the complaint are lacking in one respect as to Plaintiff. Defendant alleges that “[o]n information and belief, Plaintiff is a citizen of Indiana . . . .” (ECF 1 ¶ 4 (emphasis added)). But “[allegations of federal subject matter jurisdiction may not be made on the basis of information and belief, only personal knowledge.” Yount v. Shashek, 472 F.Supp.2d 1055, 1057 n.1 (S.D. Ill. 2006) (citations omitted); see also Am.'s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992); Ferolie Corp. v. Advantage Sales & Mktg., LLC, No. 04 C 5425, 2004 WL 2433114, at *1 (N.D. Ill. Oct. 28, 2004).
Therefore, Defendant is AFFORDED to and including June 25, 2024, to file a supplemental jurisdiction statement that adequately alleges Plaintiff's citizenship. See Chase v. Shop ‘NSave Warehouse Foods, Inc., 110 F.3d 424, 427 (7th Cir. 1997) (stating that the party seeking to invoke federal diversity jurisdiction bears the burden of demonstrating that the requirement of complete diversity has been met).
SO ORDERED.