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- ilnd;;1:20-cv-02660_de5 RegisterActionDate "2020-05-04" @default.
- ilnd;;1:20-cv-02660_de5 RegisterActionDescriptionText "MINUTE entry before the Honorable Ronald A. Guzman: This is a declaratory-judgment action filed by "Those Certain Underwriters at Lloyd's, London, Severally Subscribing to Policy No. MPL-0000343-01." Plaintiffs invoke diversity jurisdiction, but their citizenship allegations are deficient. First, as to the defendants, who are all individuals, plaintiffs state that they "reside" or are "resident[s]" of Illinois, and that "accordingly," they are citizens of Illinois. (ECF No. 1, Compl. 24-26.) Residence and citizenship, however, are not synonymous; an individual's citizenship depends on domicile, not residence. Camico Mut. Ins. Co. v. Citizens Bank, 474 F.3d 989, 992 (7th Cir. 2007); Myrick v. WellPoint, Inc., 764 F.3d 662, 664 (7th Cir. 2014) ("Citizenship means domicile (the person's long-term plan for a state of habitation) rather than just current residence."). Second, the complaint is unclear as to plaintiffs' citizenship. Under Seventh Circuit law, underwriting syndicates at Lloyd's of London are treated like limited partnerships for purposes of determining their citizenship when diversity jurisdiction is relied upon; because limited partnerships are citizens of every jurisdiction of which any partner is a citizen, a Lloyd's syndicate has the citizenship of each participating "name" in the syndicate. Ind. Gas Co. v. Home Ins. Co., 141 F.3d 314, 320 (7th Cir. 1998). While the complaint at times refers to plaintiffs as "certain underwriters," plural, it states in paragraph 24 that "plaintiff consists" of a single Lloyd's syndicate, Syndicate 1980. It also states that Syndicate 1980 is "capitalized by a single corporate capital provider," Liberty Corporate Capital, which is a citizen of the United Kingdom. These allegations require clarification; is there only one participating "name" in Syndicate 1980? If so, it is confusing that the complaint sometimes refers to "certain underwriters," plural. Plaintiff or plaintiffs must cure the deficiencies of paragraph 24 by stating every participating name in the syndicate at issue and affirmatively alleging the citizenship of that name or names. See Montgomery v. Markel Int'l Ins. Co., 259 F. Supp. 3d 857, 866 (N.D. Ill. 2017). Plaintiffs shall file a jurisdictional supplement curing these deficiencies no later than May 15, 2020, or the case will be dismissed for lack of jurisidiction. Mailed notice (is, ) (Entered: 05/04/2020)" @default.
- ilnd;;1:20-cv-02660_de5 AdministrativeID "5" @default.