IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
EMPLOYERS MUTUAL CASUALTY
COMPANY, an insurance
company incorporated in
the State of Iowa,
CIVIL ACTION NO.
OLLIE WADSWORTH and
JOSEPH M. PEIL,
The allegations of the plaintiff's complaint are
insufficient to invoke this court's diversity-of-
citizenship jurisdiction. The allegations must show that
the citizenship of each plaintiff is different from that
of each defendant. 28 U.S.C.A. § 1332.
The plaintiff's complaint fails to meet this
standard. The complaint gives the "residence" rather
than the "citizenship" of the defendants. An allegation
that a party is a "resident" of a State is not sufficient
Case 2:05-cv-00602-MHT-SRW Document 3 Filed 06/28/2005 Page 1 of 2
Employers Mutual Casualty Company v. Wadsworth et al
to establish that a party is a "citizen" of that State.
Delome v. Union Barge Line Co., 444 F.2d 225, 233 (5th
Cir.), cert. denied, 404 U.S. 995, 92 S.Ct. 534 (1971).
It is therefore the ORDER, JUDGMENT, and DECREE of
the court that the plaintiff has until July 18, 2005, to
amend the complaint to allege jurisdiction sufficiently;
otherwise this lawsuit shall be dismissed without
DONE, this the 28th day of June, 2005.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
Case 2:05-cv-00602-MHT-SRW Document 3 Filed 06/28/2005 Page 2 of 2