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- ilnd;;1:13-cv-08097_de6 RegisterActionDate "2013-12-18" @default.
- ilnd;;1:13-cv-08097_de6 RegisterActionDescriptionText "MINUTE entry before the Honorable Samuel Der-Yeghiayan: A judge's "first duty in every lawsuit" is to "[e]nsur[e] the existence of subject-matter jurisdiction...." Winters v. Fru-Con Inc., 498 F.3d 734, 740 (7th Cir. 2007)(internal quotations omitted)(quoting McCready v. White, 417 F.3d 700, 702 (7th Cir. 2005). On November 12, 2013, Plaintiffs brought the instant declaratory judgment action seeking a declaration that Plaintiffs are not obligated to pay attorneys' fees relating to a prior case that was settled in this district. (Case 10 C 4844). Since Plaintiffs initiated the instant action in federal court, they bear the burden of showing that this court has subject-matter jurisdiction. See Appert v. Morgan Stanley Dean Witter, Inc., 673 F.3d 609, 617 (7th Cir. 2012)(stating that "[t]he party invoking federal jurisdiction bears the burden of demonstrating its existence"). In the complaint, Plaintiffs contend that this court has diversity subject-matter jurisdiction. (Compl. Par. 8). However, Plaintiffs fail to specify the citizenship of any party in this litigation. Plaintiffs allege where certain individuals "reside" and where they are "residents," but Plaintiffs fail to specify the domicile or citizenship of any such individuals. (Compl. Par. 2-7). In Guaranty Nat. Title Co., Inc. v. J.E.G. Associates, 101 F.3d 57 (7th Cir. 1996), the Seventh Circuit stated that instead of residence, "citizenship is what matters" for the purposes of establishing diversity jurisdiction, and that "[w]hen the parties allege residence but not citizenship, the court must dismiss the suit/" Id. at 59. Since Plaintiffs have failed to allege the citizenship of the parties in this action, in accordance with Guaranty, the instant action is dismissed. Civil case terminated. Mailed notice (mw, ) (Entered: 12/18/2013)" @default.
- ilnd;;1:13-cv-08097_de6 AdministrativeID "5" @default.
- ilnd;;1:13-cv-08097_de6 OntologyLabel minute_entry @default.