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    Spoljoric v. Hinshaw & Culbertson LLP Et Al - Document No. 3

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    OPINION AND ORDER: Plaintiff to clarify for the Court the citizenship of the partners of Hinshaw & Culbertson, LLP, by 7/31/05. Signed by Judge Philip P Simon on 6/22/05. (sda, ) 2:2005cv00234 Indiana Northern District Court

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    Spoljoric v. Hinshaw & Culbertson LLP Et Al - Document No. 3

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    OPINION AND ORDER: Plaintiff to clarify for the Court the citizenship of the partners of Hinshaw & Culbertson, LLP, by 7/31/05. Signed by Judge Philip P Simon on 6/22/05. (sda, ) 2:2005cv00234 Indiana Northern District Court

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    Spoljoric v. Hinshaw & Culbertson LLP et al - Document No. 3

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    OPINION AND ORDER: Plaintiff to clarify for the Court the citizenship of the partners of Hinshaw & Culbertson, LLP, by 7/31/05. Signed by Judge Philip P Simon on 6/22/05. (sda, ) 2:2005cv00234 Indiana Northern District Court

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    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    178 views2 pages

    Spoljoric v. Hinshaw & Culbertson LLP Et Al - Document No. 3

    Uploaded by

    Justia.com
    OPINION AND ORDER: Plaintiff to clarify for the Court the citizenship of the partners of Hinshaw & Culbertson, LLP, by 7/31/05. Signed by Judge Philip P Simon on 6/22/05. (sda, ) 2:2005cv00234 Indiana Northern District Court

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    of 2

    Spoljoric v. Hinshaw & Culbertson LLP et al Doc.

    3
    case 2:05-cv-00234-PPS-PRC document 3 filed 06/22/2005 page 1 of 2

    UNITED STATES DISTRICT COURT


    NORTHERN DISTRICT OF INDIANA
    HAMMOND DIVISION

    PATRICIA SPOLJORIC, )
    )
    Plaintiff, )
    )
    v. ) CAUSE NO. 2:05cv234
    )
    HINSHAW & CULBERTSON, LLP, an Illinois )
    Limited Liability Partnership, and LAWRENCE )
    MOELMANN, )
    )
    Defendants. )

    OPINION AND ORDER

    Plaintiff has filed a Complaint invoking this Court’s diversity jurisdiction, but the Court

    has questions over whether or not this is proper. One of the Defendants in this action, Hinshaw

    & Culbertson, is an Illinois limited liability partnership. Limited partnerships are treated as

    citizens of every state of which any partner or member is a citizen. Hart v. Terminex Int’l., 336

    F.3d 541, 542 (7th Cir. 2003) (quoting Market Street Assocs. Ltd. P’ship v. Frey, 941 F.2d 588,

    589 (7th Cir. 1991), which held “for purposes of deciding whether a suit by or against a limited

    partnership satisfies the requirement of complete diversity of citizenship ... the citizenship of all

    the limited partners, as well as of the general partner, counts”); Indiana Gas Co., Inc. v. Home

    Ins. Co., 141 F.3d 314, 317 (7th Cir. 1998) (“General partnerships, limited partnerships, joint

    stock companies, and unincorporated membership associations all are treated as citizens of every

    state of which any partner or member is a citizen.”). Thus, in order to ascertain whether the

    parties are actually diverse in this matter, the citizenship of all of the limited partners, as well as

    the general partner, must be identified. The fact that the Complaint alleges that Hinshaw &

    Culbertson maintains an office in Schererville, Indiana, leads the Court to believe that there is a

    Dockets.Justia.com
    case 2:05-cv-00234-PPS-PRC document 3 filed 06/22/2005 page 2 of 2

    substantial likelihood that one of its partners may be a citizen of this state, destroying this

    Court’s diversity jurisdiction.

    Accordingly, Plaintiff is hereby ORDERED to clarify for the Court the citizenship of the

    partners of Hinshaw & Culbertson, LLP, on or before July 31, 2005.

    SO ORDERED.

    ENTERED: June 22, 2005

    s/ Philip P. Simon
    PHILIP P. SIMON, JUDGE
    UNITED STATES DISTRICT COURT

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