Alaniz v. Sutherland and Schneider National Carriers, Inc.

Summary

The United States District Court for the Southern District of Illinois identifies a jurisdictional defect in the defendants' notice of removal: failure to allege the citizenship, rather than merely the residence, of an individual defendant. The court orders the defendants to amend the pleading by April 10, 2026, warning that failure to cure the defect will result in remand for lack of subject-matter jurisdiction.

Holdings

1. A pleading invoking diversity jurisdiction must allege an individual defendant's citizenship; an allegation of residence alone is jurisdictionally insufficient.
2. The court may allow defendants to amend a defective jurisdictional pleading to correct the omission under 28 U.S.C. § 1653; failure to cure will require remand for lack of subject-matter jurisdiction.

Questions Presented

1. Whether a Notice of Removal invoking diversity jurisdiction must allege an individual defendant's citizenship rather than merely the defendant's residence.
2. Whether the court should allow defendants to amend a defective jurisdictional pleading under 28 U.S.C. § 1653 before remanding the action.

Disposition

other