Despite protracted litigation of the issue prior to oral argument, our examination of the record in this case makes it clear that the
According to ¶ 7 of the First Amended Complaint of plaintiff Linda E. Dausch, filed on August 6, 1992, this case was based upon diversity of citizenship. The complaint alleges that Linda Dausch “is presently a resident of the Commonwealth of Pennsylvania” (¶ 1); “defendant Greg Rykse is a resident of Naperville, Illinois” (¶ 2); “defendant Knox Presbyterian Church is located in Naperville, Illinois” (¶ 3); “defendant Chicago Presbytery is located in Chicago, Illinois” (¶4); and “defendant Presbyterian Church (U.S.A.) is located in Louisville, Kentucky” (¶ 5). Because the Presbyterian Church (U.S.A.) is no longer a party to this action, the last allegation need not concern us. The remaining statements are not proper allegations of citizenship as required by 28 U.S.C. § 1332. For natural persons, state citizenship is determined by one’s domicile.
Gilbert v.
David,
Defective allegations of jurisdiction may be amended on appeal. 28 U.S.C. § 1653. In order to avoid dismissal for lack of subject matter jurisdiction, the plaintiff must enlarge the record to show the citizenship of each party as of the date that the complaint was filed.
America’s Best Inns,
Within 15 days of this opinion, the plaintiff shall submit to this court an affidavit stating with precision the basis for the assertion of diversity jurisdiction. In light of the long history of jurisdictional difficulties in this case, failure to comply with this opinion within the time prescribed may result in dismissal of the action.
It Is So ORDERED.
Notes
. We note that the Knox Presbyterian Church and the Chicago Presbytery state in their briefs that they are citizens of Illinois. It is, however, the duty of the plaintiff to state, in more than these conclusory terms, the basis for compliance with the jurisdictional norms of the diversity statute.
