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Spoljoric v. Hinshaw Culbertson, LLP (N.D.Ind. 2005)

United States District Court, N.D. Indiana, Hammond Division
Jun 22, 2005
Cause No. 2:05cv234 (N.D. Ind. Jun. 22, 2005)

Opinion

Cause No. 2:05cv234.

June 22, 2005


OPINION AND ORDER


Plaintiff has filed a Complaint invoking this Court's diversity jurisdiction, but the Court has questions over whether or not this is proper. One of the Defendants in this action, Hinshaw Culbertson, is an Illinois limited liability partnership. Limited partnerships are treated as citizens of every state of which any partner or member is a citizen. Hart v. Terminex Int'l., 336 F.3d 541, 542 (7th Cir. 2003) (quoting Market Street Assocs. Ltd. P'ship v. Frey, 941 F.2d 588, 589 (7th Cir. 1991), which held "for purposes of deciding whether a suit by or against a limited partnership satisfies the requirement of complete diversity of citizenship . . . the citizenship of all the limited partners, as well as of the general partner, counts"); Indiana Gas Co., Inc. v. Home Ins. Co., 141 F.3d 314, 317 (7th Cir. 1998) ("General partnerships, limited partnerships, joint stock companies, and unincorporated membership associations all are treated as citizens of every state of which any partner or member is a citizen."). Thus, in order to ascertain whether the parties are actually diverse in this matter, the citizenship of all of the limited partners, as well as the general partner, must be identified. The fact that the Complaint alleges that Hinshaw Culbertson maintains an office in Schererville, Indiana, leads the Court to believe that there is a substantial likelihood that one of its partners may be a citizen of this state, destroying this Court's diversity jurisdiction.

Accordingly, Plaintiff is hereby ORDERED to clarify for the Court the citizenship of the partners of Hinshaw Culbertson, LLP, on or before July 31, 2005.

SO ORDERED.


Summaries of

Spoljoric v. Hinshaw Culbertson, LLP (N.D.Ind. 2005)

United States District Court, N.D. Indiana, Hammond Division
Jun 22, 2005
Cause No. 2:05cv234 (N.D. Ind. Jun. 22, 2005)
Case details for

Spoljoric v. Hinshaw Culbertson, LLP (N.D.Ind. 2005)

Case Details

Full title:PATRICIA SPOLJORIC, Plaintiff, v. HINSHAW CULBERTSON, LLP, an Illinois…

Court:United States District Court, N.D. Indiana, Hammond Division

Date published: Jun 22, 2005

Citations

Cause No. 2:05cv234 (N.D. Ind. Jun. 22, 2005)