AMT TITLE SERVICES OF TEXAS, LLC
v.
TAG AGRO, LLC; ALEX ROYAPPA; OTIS PLUNK; AND JOHN DOES 1-10
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The court held that it lacked subject-matter jurisdiction because the plaintiff failed to properly allege the citizenship of the parties, specifically the limited liability companies involved.
[1] For purposes of federal diversity jurisdiction, the citizenship of a limited liability company is determined by the domicile of each of its members, not by the state of i…
[2] When an LLC is a member of another LLC, a court must examine the complete ownership structure, tracing through all layers of membership, to determine the citizenship of a…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“it is common for an LLC to be a member of another LLC. Consequently, citizenship of LLCs often ends up looking like a factor tree that exponentially expands every time a member turns out to be another LLC, thereby restarting the process of identifying the members of that LLC.”
Quoting Purchasing Power, LLC v. Bluestem Brands, LLC, 851 F.3d 1218, 1220 (11th Cir. 2017), regarding the complexity of determining LLC citizenship.
Plaintiff, a Texas LLC, filed a complaint seeking to invoke federal diversity jurisdiction. The court questioned the citizenship of both the plaintiff…
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Before the Court is Plaintiff AMT Title Services of Texas, LLC's Complaint. (Doc. 1). As outlined below, the Court dismisses without prejudice Plaintiffs complaint for lack of subject-matter jurisdiction.
Federal courts are courts of limited jurisdiction and have “an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh v. Y.H. Corp., 546 U.S. 500, 514 (2006) (citing Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999)). Plaintiff seeks to bring this action based on the Court's diversity jurisdiction under 28 U.S.C. § 1332(a). (Doc. 1¶ 10). “In a diversity action, the Court must ensure that the plaintiff alleges that the amount in controversy exceeds $75,000 and that the citizenship of the parties is completely diverse.” Kunce v. SPM of Alabama, LLC, No. 6:25-CV-533-PGB- RMN, 2025 WL 974674, at *1 (M.D. Fla. Apr. 1, 2025). Here, the Court questions the citizenship of Plaintiff and Defendant Tag Agro, LLC.
Plaintiff and Tag Agro are limited liability companies. As such, they are citizens of every state in which one of their members are domiciled. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F. 3d 1020 (11th Cir. 2004). Each of Plaintiffs members must be diverse from the Defendants for federal diversity jurisdiction to exist. Flintlock Constr. Servs., LLC v. Well- Come Holdings, LLC, 710 F. 3d 1221, 1224-25 (11th Cir. 2013). When dealing with a limited liability company, it is necessary to “drill down into the ‘ownership flow chart” to determine citizenship. CityPlace Retail, LLC v. Wells Fargo Bank, N.A., No. 20-11748, 2021 WL 3486168, at *3 (11th Cir. July 15, 2021). This is the case no matter how many layers are involved. Purchasing Power, LLC v. Bluestem Brands, LLC, 851 F. 3d 1218, 1220 (11th Cir. 2017) ("[I]t is common for an LLC to be a member of another LLC. Consequently, citizenship of LLCs often ends up looking like a factor tree that exponentially expands every time a member turns out to be another LLC, thereby restarting the process of identifying the members of that LLC.”).
Plaintiff has not identified any of its members, much less informed the Court of the citizenship of these members. See McCormick v. Aderholt, 293 F. 3d 1254, 1257-58 (11th Cir. 2002) (stating that a person's citizenship is determined by his “domicile,” or “the place of his true, fixed, and permanent home and principal establishment . . . to which he has the intention of returning whenever he is absent therefrom"). It only asserts that it is a Texas limited liability company with its principal place of business and operations in Texas. (Doc. 1 ¶¶ 1–2). This information does nothing to establish Plaintiffs citizenship. See Bander v. Aerovanti, Inc, No. 8:23-CV-01894-MSS-AAS, 2024 WL 2833723, at *3 (M.D. Fla. June 4, 2024) (“[F]or purposes of diversity jurisdiction, the limited liability companies' states of incorporation and principal places of business are irrelevant."). Similarly, Plaintiff alleges Tag Agro is a California limited liability company (Doc. 15) without identifying any of its members. Because Plaintiff has not properly established its citizenship or the citizenship of Tag Agro, the Court's jurisdiction is uncertain. Accordingly, it is now ORDERED:
1. Plaintiff's complaint (Doc. 1) is DISMISSED without prejudice. 2. Plaintiff may file an amended complaint on or before December 18, 2025. Failure to do so will cause the Court to close this case without further notice.
DONE and ORDERED in Fort Myers, Florida on December 4, 2025.
SherPolster Rappell
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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Citator
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Shriteh v. News Corp., 2023 WL 2918599 (M.D. Fla. 2025)…3 (1999)). “In a diversity action, the Court must ensure that the plaintiff alleges that the amount in controversy exceeds $75,000 and that the citizenship of the parties is completely diverse." Kunce v. SPM of Alabama, LLC, No. 6:25-CV-533-PGB-RMN, 2025 WL 974674, at *1 (M.D. Fla. Apr. 1, 2025). Because Plaintiff has not properly established any party's citizenship, the Court's jurisdiction is uncertain. One more issue. Plaintiff originally filed this action in the Southern District of Florida. That court f…
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FT. Myers TAV Apts, LLC v. Everest Nat'l Ins. Co. (M.D. Fla. 2025)…obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party." Arbaugh v. Y.H. Corp., 546 U.S. 500, 514 (2006) (citation omitted); see also Kunce v. SPM of Ala., LLC, No. 6:25-CV-533-PGB-RMN, 2025 WL 974674, at *1 (M.D. Fla. Apr. 1, 2025) (noting that “[i]n a diversity action, the Court must ensure that the plaintiff alleges that the amount in controversy exceeds $75,000 and that the citizenship of the parties is completely diverse.”). Plaintiffs fail…
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AMT Title Servs. of Tex., LLC v. TAG Agro, LLC (M.D. Fla. 2025)…2/19/25 Page 2 of 4 PageID 44 action, the Court must ensure that the plaintiff alleges that the amount in controversy exceeds $75,000 and that the citizenship of the parties is completely diverse.” Kunce v. SPM of Ala., LLC, No. 6:25-CV-533-PGB-RMN, 2025 WL 974674, at *1 (M.D. Fla. Apr. 1, 2025). Plaintiff is a limited liability company. Thus, it is a citizen of every state in which one of its members is domiciled. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020 (11th Cir. 2004). E…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Arbaugh v. Y & H Corp., 546 U.S. 500 (U.S. 2006)
- Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020 (11th Cir. 2004)
- Purchasing Power, LLC v. Bluestem Brands, Inc., 851 F.3d 1218 (11th Cir. 2017)
- Flintlock Constr. Servs., LLC v. Well-Come Holdings, LLC, 710 F.3d 1221 (11th Cir. 2013)