UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

ELDON WAYNE MCKINLEY and )

DIXIE MCKINLEY, )

)

Plaintiffs, )

)

v. ) CAUSE NO. 1:13-CV-60

)

FRANCK’S LAB, INC., Individually and )

d/b/a Franck’s Compounding Lab and/or )

Franck’s Pharmacy, Inc.; WELLS )

PHARMACY NETWORK, L.L.C.; )

PAUL W. FRANCK, R.Ph.; and )

ANTHONY JAMES CAMPBELL, R.Ph., )

)

Defendants. )

OPINION AND ORDER

This case was filed in this Court on March 4, 2013, based on diversity jurisdiction

pursuant to 28 U.S.C. § 1332(a). (Docket # 1.) The Complaint alleges that “Plaintiff Dixie

McKinley is the wife of, and resides with, Eldon Wayne McKinley”; that Defendant Paul W.

Franck was a principal and shareholder of Franck’s Lab, Inc., and a licensed pharmacist in

Florida; and that Defendant Anthony James Campbell was a lead chemist with Franck’s Lab, Inc. 

(Compl. ¶¶ 3, 6-7.) The Complaint further states that “Defendant Wells Pharmacy Network,

L.L.C., is a Florida limited liability corporation, not registered but doing business in the State of

Indiana . . . .” (Compl. ¶ 5.) 

The Complaint, however, is inadequate for several reasons. First, as to Plaintiff Dixie

McKinley, “residency” of each party is meaningless for purposes of diversity jurisdiction, as

“citizenship is what matters.” Guar. Nat’l Title Co. v. J.E.G. Assocs., 101 F.3d 57, 58-59 (7th

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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. “It is well-settled that

when the parties allege residence but not citizenship, the court must dismiss the suit.” Held v.

Held, 137 F.3d 998, 1000 (7th Cir. 1998) (internal quotation marks and citation omitted); see

generally Smoot v. Mazda Motors of Am., Inc., 469 F.3d 675, 677-78 (7th Cir. 2006). As such,

alleging that Plaintiff Dixie McKinley “is the wife of, and resides with, Eldon Wayne McKinley”

is insufficient to establish her citizenship. (Compl. ¶ 3 (emphasis added).) 

Rather, “[f]or natural persons, state citizenship is determined by one’s domicile.” Dausch

v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993); see also Heinen v. Northrop Grumman Corp., 671

F.3d 669, 670 (7th Cir. 2012) (“But residence 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.”); 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, the Court must be

advised of Dixie McKinley’s domicile, rather than her residence, as the former determines her

citizenship. 

Moreover, regarding Defendants Paul Franck and Anthony Campbell, the Complaint

contains no allegations concerning their citizenship. As such, the Court must also be advised of

their citizenship, which, as individuals, is determined by their domicile. Dausch, 9 F.3d at 1245. 

As to Defendant Wells Pharmacy Network, L.L.C., a limited liability company’s

citizenship “for purposes of . . . diversity jurisdiction is the citizenship of its members.” 

Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). Therefore, the Court must be advised

of the citizenship of all the members of Wells Pharmacy Network, L.L.C. to ensure that none of

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its members share a common citizenship with Plaintiffs. Hicklin Eng’g, L.C. v. Bartell, 439 F.3d

346, 347 (7th Cir. 2006). Moreover, citizenship must be “traced through multiple levels” for

those members of Wells Network Pharmacy, L.L.C. who are a partnership or a limited liability

company, as anything less can result in a dismissal or remand for want of jurisdiction. Mut.

Assignment & Indem. Co. v. Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004).

Therefore, Plaintiffs are ORDERED to supplement the record by filing an Amended

Complaint on or before March 19, 2013, properly alleging the citizenship of Plaintiff Dixie

McKinley, Defendant Paul W. Franck, Defendant Anthony James Campbell, and Defendant

Wells Pharmacy Network, L.L.C.

SO ORDERED.

Enter for this 5th day of March, 2013.

/S/ Roger B. Cosbey 

Roger B. Cosbey,

United States Magistrate Judge

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