Landry v. Molina et al

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
FRANK LANDRY, AS ADMINISTRATOR
OF THE ESTATE OF ZACHARY
LANDRY,
Plaintiff,
v.
HOMERO MOLINA,
OM TRANSPORTATION, INC., and
EL TRANSPORT, LLC,
Defendants,
and
TRISURA SPECIALTY INSURANCE
COMPANY,
Citation Respondent.
Case No. 25-cv-01965-JPG
MEMORANDUM AND ORDER
In light of Seventh Circuit Court of Appeals admonitions, see Page v. Dem. Nat’l Comm.,
2 F.4th 630, 634 (7th Cir. 2021) (citing Great S. Fire Proof Hotel Co. v. Jones, 177 U.S. 449,
453 (1900)); Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007), the Court has undertaken a
rigorous initial review of pleadings to ensure that jurisdiction has been properly pled. See Page,
2 F.4th at 634 (federal courts “must make their own inquiry to ensure that all statutory
requirements are met before exercising jurisdiction”); Hertz Corp. v. Friend, 559 U.S. 77, 94
(2010) (noting courts’ “independent obligation to determine whether subject-matter jurisdiction
exists, even when no party challenges it”). The Court has noted the following defect in the
jurisdictional allegations of the Notice of Removal (Doc. 1) filed by Citation Respondent Trisura
Specialty Insurance Company (“Trisura”):
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1. 	Failure to allege the citizenship of decedent. A notice of removal asserting diversity
jurisdiction must allege the citizenship of individual parties. 28 U.S.C. § 1332(a)(1). The
citizenship of the legal representative of a decedent’s estate is deemed to be that of the
decedent. 28 U.S.C. § 1332(c)(2); see Gustafson v. zumBrunnen, 546 F.3d 398, 400-01
(7th Cir. 2008); Konradi v. United States, 919 F.2d 1207, 1214 (7th Cir. 1990). The
notice of removal does not allege the decedent’s citizenship prior to his death.
The Court hereby ORDERS that Citation Respondent Trisura shall have up to and
including November 14, 2025, to amend the faulty pleading to correct the jurisdictional defect.
See 28 U.S.C. § 1653. Trisura need not seek leave of Court to file the amended pleading.
IT IS SO ORDERED.
DATED: 	October 30, 2025
s/ J. Phil Gilbert
J. PHIL GILBERT
United States District Judge
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