Opinion
CAUSE NO. 1:11-CV-411
12-29-2011
VIRGIL NEWBY, Individually and as Special Administrator of the ESTATE OF ALICIA NEWBY, Plaintiff, v. TACO BELL OF AMERICA, INC. and YUM! BRANDS, INC., Defendants.
OPINION AND ORDER
This case was filed in this Court on December 7, 2011, based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). (Docket # 1.) Plaintiff filed his Second Amended Complaint on December 28, 2011. (Docket # 11.) The Second Amended Complaint alleges that "Plaintiff, Virgil Newby, is a natural born citizen of the United States, and the surviving lawful husband of Alicia Newby, now deceased, and presently resides in Peru, Indiana." (Second Am. Compl. ¶ 1.)
The Second Amended Complaint, however, is still inadequate as regards the citizenship of the Plaintiff, Virgil Newby. Rather than alleging the residency of Virgil Newby, the complaint must allege his citizenship. See Guar. Nat'l Title Co. v. J.E.G. Assocs., 101 F.3d 57, 58-59 (7th Cir. 1996) (explaining that statements concerning a party's "residency" are not proper allegations of citizenship as required by 28 U.S.C. § 1332); see 28 U.S.C. § 1332. Furthermore, instead of alleging the national citizenship of Virgil Newby, the Court must be advised of Virgil's state citizenship. See 28 U.S.C. § 1332 (giving district courts original jurisdiction in controversies between citizens of different States). "For natural persons, state citizenship is determined by one's domicile." Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993); see also Am.'s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) ("In federal law citizenship means domicile, not residence.").
Therefore, Plaintiff is ORDERED to file a Third Amended Complaint on or before January 5, 2012, properly alleging the state citizenship of Plaintiff Virgil Newby.
SO ORDERED.
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Roger B. Cosbey,
United States Magistrate Judge