After eight years in federal court and consideration by four federal judges (two magistrate and two district court) this case comes before us on appeal. This substantial consumption of federal resources makes it all the more regrettable that we must now order the dismissal of the case
[B]y their insouciance concerning jurisdiction the litigants not only ran the risk of having to start the case over in state court but also made more work for us and delayed the decision of the appeal. We remind the bench and bar of this circuit that it is their non-delegable duty to police the limits of federal jurisdiction with meticulous care and to be particularly alert for jurisdictional problems in diversity cases in which one or more of the parties is neither an individual nor a corporation.
I. Background
Melissa and John Hart are citizens of Illinois. They filed this suit in the Circuit Court of Cook County on February 17, 1995, based on injuries related to the use of chemicals for purposes of extermination in and around their residence. The suit was brought against Dow Chemical Company, DowElanco, and an entity they referred to as “Terminex [sic] International, a Delaware corporation, d/b/a Balantyne Pest Control, L.P.” (as we will discuss later, this was an improper designation and the party they were really suing was Terminix International Company L.P., but for ease of reference we will refer to them as “Terminix”). Dow Chemical Company is incorporated in Delaware with its principal place of business in Michigan; the citizenships of the partners in DowElanco were never sufficiently established; and Terminix is a partnership in which two Illinois citizens are partners. That last fact destroys diversity,
see Market Street Assocs.,
II. Discussion
The initial fault in this jurisdictional morass lies with Dow even though they have long since been dismissed as defendants. When Dow originally removed this case to the federal court they notified the court that Terminix was a “Delaware limited partnership” in which “[n]either of the limited partners are citizens of Illinois, nor do they maintain their
Moving on to the parties before us, they had their opportunity to notify this court of an appropriate basis for jurisdiction — or the lack thereof — in their briefs. That being said, the jurisdictional statements of both the Harts and Terminix are totally deficient. Circuit Rule 28(a)(1) sets forth the requirements for the parties’ jurisdictional statements:
If jurisdiction depends on diversity of citizenship, the [jurisdictional] statement [in each party’s brief] shall identify the jurisdictional amount and the citizenship of each party to the litigation.... If any party is an unincorporated association or partnership the statement shall identify the citizenship of all members.
Compliance with this rule is extremely important, as we emphasized in Meyerson I:
Once more we find it necessary publicly to remind the bar of the existence and importance of 7th Cir. R. 28(a)(1), which requires parties to appeals in diversity cases to identify in their briefs the citizenship of each party to . the appeal.
Original jurisdiction in the district court was under 28 U.S.C. 1332(a)(1) based on diversity of citizenship of Plaintiffs and Defendant and because the amount in controversy between the parties exceeds $50,000 exclusive of interest and costs.
Terminix, in their statement, recognized one flaw in the Hart’s statement:
The summary omits information required by. Seventh Circuit Rule 28(a). Specifically, because jurisdiction was based upon diversity, Rule 28(a)(1) requires certain information about the citizenship of the parties. The summary omits the facts that the Harts are citizens of Illinois. The summary omits that Terminix is a Delaware limited partnership with its principal place of business in Tennessee.
With all this before us, during oral argument we requested a complete statement of jurisdiction from Terminix. In response to this request a complete and accurate statement of the citizenship of Terminix’s partners, with an attached affidavit, was provided to the court on June 6, 2003-just over eight years after the case was removed to federal court. This supplemental statement was sufficient in that it provided the citizenship of all parties still involved in this litigation, including all partners of Terminix. The only problem is that Terminix’s supplemental filing, as we have suggested above, tells us that if we trace the chain of ownership through all partnerships, we ultimately end up with two partners who are corporations with Illinois citizenship and thus there is no diversity between them and the Harts.
Having established that there is no complete diversity between its partners and the plaintiffs, Terminix is left scrambling to salvage the litigation. The best it can offer is that the partnership — Terminix International Company L.P. — was not a party to this case at the time the case was filed or at the time the case was removed. Instead, Terminix claims that its general partner — Terminix International, Inc. — was the defendant along with Dow until some unspecified time later in the federal litigation. This is an astounding claim as we have in the record a filing entitled “Consent to Removal” signed by the “Attorneys for The Terminix International Company L.P.” and stating, “Defendant The Terminix International Company L.P. (improperly designated as ‘Terminex, International d/b/a Ballantyne Pest Control, L.P.’) consents to removal of this action to the United States District Court for the Northern District of Illinois.” Why a nonparty would file a consent to removal is imponderable. Furthermore, the filing contains Terminix’s (and by Ter-minix we mean the partnership) own admission that it was in fact a defendant and its own explanation that it was the partnership that was intended by the improper label. This is sufficient evidence that Ter-minix was — or at the very least should be estopped from denying that it was- — in fact a defendant at the time of removal, and therefore complete diversity of parties was lacking at that time.
III. Conclusion
We therefore must regrettably find that subject matter jurisdiction is lacking in this case, and emphasize that this waste of federal judicial resources and delay of justice was avoidable and reiterate our admonitions to future litigants to meticulously review the limits of federal jurisdiction. We Vacate the judgment of the district court and Remand with instruction to dismiss for want of jurisdiction.
