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Peterson v. Davol, Inc.

United States District Court, Southern District of Indiana, Indianapolis Division

April 29, 2014

Terry L. Peterson, Plaintiff,
v.
Davol, Inc., a subsidiary of C.R. Bard, Inc., Defendant.

ORDER TO FILE JOINT JURISDICTIONAL STATEMENT

Hon. Jane Magnus-Stionson, Judge United States District Court

On March 27, 2014, Defendant Davol, Inc. (“Davol”), removed this case from state to federal court, alleging that this Court can exercise diversity jurisdiction over Plaintiff Terry L. Peterson’s claims. [Filing No. 1.] Although 30 days has passed since the notice of removal, Ms. Peterson has not filed a statement pursuant to Local Rule 81-1.

Accordingly, the Court ORDERS the parties to conduct whatever investigation is necessary and file a joint jurisdictional statement by May 14, 2014, specifically setting forth the citizenship of each party and whether the amount in controversy exceeds $75, 000, exclusive of interest and costs. If the parties cannot agree on the contents of a joint statement, competing statements are due by that date. The parties are reminded that when pleading Ms. Peterson’s citizenship, residency and citizenship are not the same, and it is citizenship that matters for purposes of diversity jurisdiction. Meyerson v. Harrah’s East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). Moreover, because Davol is an incorporated entity, the parties must plead the state of incorporation and principal place of business of Davol, not its parent corporation, [1] unless an exception to that general rule exists. 28 U.S.C. § 1332(c)(1); see also Smoot v. Mazda Motors of Am., Inc., 469 F.3d 675, 676 (7th Cir. 2006) (a corporation has two places of citizenship: where it is incorporated and where it has its principal place of business).


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