Idex Corp. v. Dripping Wet Water, Inc., No. 08 C 1114, 2008 WL 4372038 (N.D. Ill. Feb. 26, 2008) (Shadur, Sen. J.).
Judge Shadur sua sponte gave plaintiffs one week to amend their pleadings to resolve potential subject matter jurisdiction issues. The Court noted that the breach of a patent settlement did not create federal question jurisdiction because the agreement was about a patent. And the Court held that it was not sufficient for diversity jurisdiction just to plead the parties’ residences. Both residence and citizenship must be pled for the purposes of diversity jurisdiction. The Court, therefore, ordered plaintiffs to amend their complaint to plead both residence and citizenship, or otherwise prove jurisdiction. The Court also ordered plaintiffs to explain why the case was filed in the Northern District rather than in Texas where the parties had an ongoing suit or Connecticut where the litigation resulting in the settlement at issue took place.