YOUNGBLOOD
v.
HKA ENTERPRISES, LLC (SUWANNEE COUNTY)
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The district court struck the plaintiff's disclosure statement for failing to comply with Federal Rule of Civil Procedure 7.1 and Local Rule 3.03, finding that the plaintiff's citizenship disclosure was insufficient under the diversity jurisdiction requirements.
The court held that the plaintiff's disclosure statement was insufficient because it identified only residence rather than domicile, which are not necessarily the same for purposes of establishing citizenship for diversity jurisdiction.
“Plaintiff's Disclosure Statement, Doc. 9, fails to provide the information required by Federal Rule of Civil Procedure 7.1 and Local Rule 3.03.”
Establishes the basis for striking the disclosure statement
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Join FLexlaw to unlock all legal intelligencePlaintiff Darrell Youngblood filed a disclosure statement in a diversity jurisdiction case. In response to Question 2 regarding jurisdiction under 28 …
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Plaintiff's Disclosure Statement, Doc. 9, fails to provide the information required by Federal Rule of Civil Procedure 7.1 and Local Rule 3.03. The Court will therefore strike Plaintiff's Disclosure Statement.
Question 2 of the Court's form asks whether jurisdiction is based on either 28 U.S.C. § 1332(a) or 28 U.S.C. § 1332(d) and if so, requires the filer to provide the name and citizenship of each person or entity whose citizenship is attributed to the filer. Plaintiff responded affirmatively and stated, “Plaintiff Darrell Youngblood is U.S. citizen who maintains residency in the state of North Carolina.” Doc. 9 at 2. This is insufficient. See Trudel v. Biotech, No. 8:22-cv-1823-TPB-SPF, 2022 WL 17487990, at
Accordingly, the Court strikes Plaintiff's Disclosure Statement (Doc. 9). On or
before September 30, 2024, Plaintiff must file a proper disclosure statement.
DONE AND ORDERED in Jacksonville, Florida, on September 23, 2024.
Samuel J. Horovitz United States Magistrate Judge
Copies to: Counsel of Record