Try our Advanced Search for more refined results
Searching dockets in Axley Brynelson x
Alert me of new activity
All Case Activity Alerts Include: Answers, Appeals, Complaints, Motions, Orders, Trial Notes
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability | Ohio Northern
Attorney Appearance (court event)
Attorney Appearance of Edward F. Luby filed by on behalf of Plaintiffs. (R,AP)
Contract: Other | Wisconsin Western
Text Only Order
** TEXT ONLY ORDER ** This is a breach-of-contract case. There are pending summary judgment motions, but before the court can resolve those, two problems related to the court's jurisdiction must be addressed. First, plaintiff Tarsco Bolted Tank, Inc. did not submit evidence establishing that this court has subject-matter jurisdiction under 28 U.S.C. § 1332. Tarsco alleged diverse citizenship in its amended complaint, but at the summary judgment stage, the proponent of jurisdiction must prove jurisdiction with admissible evidence. See Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871, 888 (1990). Defendants did not admit all of Tarsco's allegations of citizenship in their answers, nor do the pleadings properly allege the citizenship of American Engineered, which is a limited-liability company, so its citizenship is the citizenship of its members. See City of E. St. Louis, Illinois v. Netflix, Inc., 83 F.4th 1066, 1070 (7th Cir. 2023). The court will give Tarsco until September 25 to supplement its summary judgment submissions with admissible evidence of the citizenship of all parties. The court expects defendants to cooperate in the effort to establish citizenship, and the parties may file a stipulation on jurisdiction, so long as the stipulation lays out all the relevant facts about the citizenship of the parties. Prizevoits v. Indiana Bell Telephone Co., 76 F.3d 132, 134 (7th Cir. 1996). If Tarsco does not respond, the case may be dismissed for lack of jurisdiction. Second, Tarsco and intervenor Cincinnati Specialty Underwriters Insurance Company are both citizens of Delaware. The court will give Cincinnati Specialty Underwriters until September 25 to submit a short brief explaining why it should not be dismissed to avoid destroying diversity jurisdiction. Signed by Magistrate Judge Anita Marie Boor on 9/21/2026. (jls)
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login
Email (NOTE: Free email domains not supported)
First Name
Last Name
Job Title
PLEASE NOTE: A verification email will be sent to your address before you can access your trial.
Password (at least 8 characters required)
Confirm Password
Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.You’ll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Please see our Privacy Policy.