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Minute Order Form (06/97)

United States District Court, Northern District of Illinois

Notices mailed by judge’s staff. WAN 16 2003

Notified counsel by telephone. me docketed
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Mail AO 450 form.

Copy to judge/magistrate judge.

a
docfeting dop ht initigs of

Name of sassigned Judge i ‘ Sitting Judge if Other
or Magistrate Judge Milton I. Shadur than Assigned Judge
CASE NUMBER 03 C 252 DATE 1/15/2003
CASE Sressertt vs. David Gerszewski
TITLE
[In the following box (a) indicate the party filing the motion, ¢.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented]
DOCKET ENTRY:
qd) oO Filed motion of [ use listing in “Motion” box above.]
(2) o Brief in support of motion due
@) Oo Answer brief to motion due Reply to.answer brief due
(4) ao Ruling/Hearing on set for at _
(5) o Status hearing{held/continued to] [set for/re-: set for] on set for at
(6) Oo Pretrial conference[held/continued to] [set fc set for at .
(7) oO Trial[set for/re-set for] on at
(8) Oo [Bench/Jury trial} [Hearing] held/continued, at
i ig. ee
(9) a This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
OOFRCP4(m) ClLocal Rule 41.1 OOFRCP4i(@)(1) O FRCP41(a)(2).
(10) Ml — [Otherdocketentry] Enter Memorandum Order. Plaintiff's counsel is ordered to file in this Court’s
chambers, on or before January 27, 2003, an amendment to the Complaint limited to amending complaint
493 through 7 appropriately. [f no appropriate amendment were to be timely filed, this Court will be
constrained to dismiss this action for lack of subject matter jurisdiction.
(11) ff [For further detail see order attached to the original minute order.]
No notices required, advised in open court, Document
. . Number
No notices required. .
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

DOCKETED

JAN 1 6 2003

JEROME E. BRESSERT, et al.,
Plaintiffs, ~
ve No. 03 C 252

DAVID J. GERSZEWSKI,

Defendant.
MEMORANDUM ORDER

Jerome Bressert, Jason Carter, Leon Bressert and Travis
Cochran have just filed suit against David Gerszewski
(“Gerszewski”), invoking federal, subject matter jurisdiction on
diversity of citizenship grounds... This memorandum order is
issued sua sponte to require plaintiffs' counsel to cure the
flawed jurisdictional allegations ’in the Complaint.

Although this action is framed in terms of seeking both
arbitration under the Federal Arbitration Act (9 U.S.C. 84) anda
declaratory judgment pursuant to.28 U.S.C. §2201,' plaintiffs'
knowledgeable counsel recognizes. that the invocation of those
federal statutes does not implicate a federal question such as to
bring Section 1331 jurisdiction.into play. But when counsel
looks properly to Section 1332 instead, he mistakenly identifies
the place of residence rather than, the state of Citizenship of

each plaintiff (see Complaint 493 through 6), while Gerszewski's

+ All further references to.Title 28's provisions will
simply take the form “Section--.”


London, England residence is spoken of without identifying him
either as a citizen of a state (Section 1332(a)(1)) or asa
citizen or subject of a foreign state (Section 1332(a)(2)). As
taught by Held v. Held, 137 F.3d_998, 1000 (7% Cir. 1998),

quoting Guaranty Nat'l Title Co. v. J.E.G. Assocs., 101 F.3d 57,

59 (7° Cir, 1996):

Of course, allegations of residence are insufficient to

establish diversity jurisdiction. It is well-settled

that “(w]hen the parties allege residence but not

citizenship, the court must.dismiss the suit.”

But this Court sees no point in sticking plaintiffs with the cost
of another $150 filing fee if, as.would seem to be the case, the
defects identified here are readily curable.

Accordingly plaintiffs' counsel is ordered to file in this
Court's chambers, on or before January 27, 2003, an amendment to
the Complaint limited to amending Complaint 943 through 7
appropriately. To keep Gerszewski.fully informed, counsel is
also ordered to send copies of this memorandum order and of the
amendment to his counsel if known.or, if not known, to Gerszewski
himself. If no appropriate amendment were to be timely filed,

this Court will be constrained to dismiss this action for lack of

subject matter jurisdiction.

Cen D Steroleer,

Milton I. Shadur
Senior.United States District Judge

Date: January 15, 2003