United States District Court, N.D. Indiana, Hammond Division, Lafayette
OPINION AND ORDER
THERESA L. SPRINGMANN CHIEF JUDGE.
matter is before the Court for a third time on the issue of
the Court's subject matter jurisdiction. As of January
17, 2019, the Plaintiff is proceeding without counsel.
courts, which are courts of limited jurisdiction, must police
their own subject matter jurisdiction. See Fed. R.
Civ. P. 12(h)(3) (“If the court determines at any time
that it lacks subject-matter jurisdiction, the court must
dismiss the action.”); Johnson v. United States
Office of Pers. Mgmt., 783 F.3d 655, 668 (7th Cir.
2015). The Plaintiff, having filed his Complaint in this
Court, has the burden of establishing diversity jurisdiction.
Hertz Corp. v. Friend, 559 U.S. 77, 96 (2010).
Diversity jurisdiction exists when the parties to an action
on each side are citizens of different states, with no
defendant a citizen of the same state as any plaintiff, and
the amount in controversy exceeds $75, 000. See 28
U.S.C. § 1332(a)(1).
18, 2019, the Court issued an Order [ECF No. 47] finding
that, although the Complaint sufficiently alleges the
Plaintiff's citizenship (Illinois) and that the amount in
controversy exceeds $75, 000.00, the Complaint does not
properly allege the citizenship of Defendant Malone Sports
Center, LLC. The Complaint treats the Defendant as a
corporation for purposes of citizenship; however, the
Defendant is a limited liability company, which is analogous
to a partnership and takes the citizenship of its members.
See Belleville Catering Co. v. Champaign Mkt. Place,
LLC, 350 F.3d 691, 692 (7th Cir. 2003).
18, 2019, the Court ordered the Plaintiff to file a
supplemental jurisdictional statement identifying the
citizenship of each of the members of Defendant Malone Sports
Center, LLC as of October 10, 2017, the date the Complaint
was filed. On July 8, 2019, the Plaintiff timely filed a
statement [ECF No. 50] with supporting documents, but the
statement and the documents do not identify the
Defendant's members or the citizenship of its members.
August 21, 2019, the Court, considering the Plaintiff's
pro se status, granted the Plaintiff a final opportunity, up
to and including October 4, 2019, to identify the citizenship
of the Defendant's members as of October 10, 2017. The
Court advised that, if the October 4, 2019 filing did not
provide the requisite information, the Court would direct the
Defendant to provide the jurisdictional information necessary
to satisfy the Court's inquiry on subject matter
jurisdiction. See, e.g., Johnson v. Nat'l
Asset Advisors, LLC, 772 Fed.Appx. 328, 328 (7th Cir.
2019) (requiring the defendant/appellee, a limited
partnership, to provide a “complete jurisdictional
summary” naming all of its partners and identifying
each partner's state of citizenship after the pro se
plaintiffs/appellants provided an incomplete jurisdictional
statement under Seventh Circuit Rule 28(a)(1)).
October 4, 2019, the Plaintiff filed a document titled
“Supplemental Jurisdiction Discovery” [ECF No.
67] and provided a document showing the mailing address of
the five members of Defendant Malone Sports Center, LLC as of
December 31, 2012. The five members are one individual and
the trustees of four irrevocable trusts, with the trustees
being individuals. The Plaintiff's filing is insufficient
for two reasons. First, the statement does not identify the
members of Malone Sports Center, LLC on the date the
Complaint was filed-October 10, 2017. The five members
identified as of December 31, 2012, may have also been the
members on October 10, 2017, but this information is not
provided to the Court.
the statement does not properly identify the citizenship on
October 10, 2017, of each of the members, all of whom are
natural persons. The citizenship of a natural person is
determined by domicile, not by residence. Dakuras v.
Edwards, 312 F.3d 256, 258 (7th Cir. 2002); see also
Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th
Cir. 2012) (“[R]esidence may or may not demonstrate
citizenship, which depends on domicile-that is to say, the
state in which a person intends to live over the long
run.”); Guar. Nat'l Title Co., Inc. v. J.E.G.
Assocs., 101 F.3d 57, 58-59 (7th Cir. 1996) (explaining
that statements concerning a party's residence are not
proper allegations of citizenship as required by 28 U.S.C.
§ 1332). An individual's mailing address is
insufficient if there is no allegation that the address is
also the individual's domicile. See Pharmerica Corp.
v. Crestwood Care, LLC, No. 13 C 1422, 2015 WL 1006683,
at *2 (N.D. Ill. Mar. 2, 2015); Hill v. Purdue
Univ., No. 2:12-CV-467, 2013 WL 1409328, at *1 (N.D.
Ind. Apr. 8, 2013); Barnes v. Black, No. 03-C-703-C,
2004 WL 502022, at *1 (W.D. Wis. Mar. 10, 2004).
the Court ORDERS the Defendant Malone Sports Center, LLC to
FILE on or before November 14, 2019, a jurisdictional
statement (1) identifying its members and their citizenship
as of October 10, 2017, and (2) alleging the citizenship of
each natural person, including the trustees, by identifying
the individual's domicile on October 10, 2017.
 Rule 28 of the Seventh Circuit Rules
(a) Appellant's Jurisdictional
Statement. The jurisdictional statement in
appellant's brief, see Fed. R. App. P. 28(a)(4), must