Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 02-07-2023
Case Style:
Kelly Adelsberger v. OPCO Festus, Mo, LLC d/b/a Festus Manor, et al.
Case Number: 4:22-cv-00187
Judge: Matthew T. Schelp
Court: United States District Court for the Eastern District of Missouri (St. Louis County)
Plaintiff's Attorney:
Defendant's Attorney: John G. Schultz and Michael E. Bub
Description: St. Louis, Missouri personal injury lawyer represented Plaintiff who sued Defendants on a wrongful death medical negligence theory claiming that she suffered more than $75,000 in damages and/or injuries as a direct result of the death of Joanna Adelsberger.
The Court noted that all three Defendants in this case are limited liability companies. See Doc. [12] at 1, 18. The citizenship of these LLC Defendants is determined by the citizenship of their members. See GMAC Com. Credit LLC v. Dillard Dep't Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004). Multiple allegations in Plaintiff's Amended Complaint regarding the LLC Defendants' members do not match the members the LLC Defendants listed on their Amended Disclosures of Organizational Interests. Compare, e.g., Doc. [10] ¶ 28, with Doc. [24]. Given this disconnect, the parties are instructed to be prepared to discuss Defendants' members and their citizenship at the Rule 16 Conference scheduled for this case on May 10, 2022.[1] See Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010) (“Courts have an independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it.”); see also 28 U.S.C. § 1332(a)(1).
Plaintiff failed to establish Defendants' citizenship for another reason; she did not properly establish the citizenship of the members of Defendants, which all are alleged to be limited liability companies. See GMAC Com. Credit LLC v. Dillard Dep't Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004) (holding, for diversity jurisdiction purposes, an LLC's citizenship is the citizenship of all its members). While Plaintiff did correctly focus on Defendants' members, Plaintiff stated only that Defendants' members are “Residents of states other than Missouri.” Doc. [1] ¶ 25. Besides the “resident” issue, simply stating that a member is not a citizen of Missouri-without stating of what state the member is a citizen-is insufficient to establish the member's citizenship. OHM Hotel Grp., LLC v. Dewberry Consultants, LLC, No. 4:15-cv-1541-CAS, 2015 WL 5920663, at *2 (E.D. Mo. Oct. 9, 2015) (finding “insufficient” the allegation that none of LLC's members were citizens of the opposing-party's state of citizenship); see also Villareal v. B&C Contracting Specialist Inc., No. 4:19-cv-2851-RLW, 2020 WL 2088341, at *3 (E.D. Mo. Apr. 30, 2020) (“To establish complete diversity of citizenship, a complaint must include factual allegations of each party's state of citizenship[.]” (emphasis added)); McMahon v. Robert Bosch Tool Corp, No. 4:18-cv-505-CAS, 2018 WL 1744539, at *2 (E.D. Mo. Apr. 11, 2018) (finding allegation that LLC-party was “a citizen of North Carolina” was “not a factual allegation sufficient to establish [the LLC] defendant's citizenship”).
The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and (3) a direct casual relationship between 1 and 2.
Kent Morlan on Torts
Outcome: 02/07/2023 72 NOTICE of Plaintiff's Acknowledgment of Satisfaction: by Plaintiff Kelly Adelsberger re 69 Order,,,,,,, (Steele, Jonathan) (Entered: 02/07/2023)
02/07/2023 73 NOTICE Plaintiff's Notice of Reporting and Accounting and Distrubting the Settlement Proceeds: by Plaintiff Kelly Adelsberger re 69 Order,,,,,,, (Steele, Jonathan) (Entered: 02/07/2023)
02/07/2023 74 ORDER OF DISMISSAL: IT IS HEREBY ORDERED that this action is DISMISSED with prejudice. Pursuant to Local Rule 13.05, Section B(2), if a party wishes for any documents previously filed under seal to remain sealed, a Motion to Continue Sealing must be filed in this case within 90 days following the final disposition of the litigation. (60-Day Reminder for LR 13.05 Unsealing 4/10/2023 90-day Reminder for LR 13.05 Unsealing 5/8/2023) Signed by District Judge Matthew T. Schelp on 2/7/2023. (TMT) (Entered: 02/07/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: