BLUESKY PROPERTY DEVELOPMENT & MANAGEMENT, LLC, AND MED BOTANICAL, LLC
v.
WESTCHESTER SURPLUS LINES INSURANCE COMPANY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the plaintiffs must supplement their motion to remand by providing the citizenship of all members of the LLC, as the current information is insufficient to determine diversity jurisdiction.
Plaintiffs moved to remand the case, arguing lack of diversity jurisdiction because one of the defendant's members is allegedly a Georgia citizen. The…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Citizenship Of Limited Liability Companies cases and more on FLexlaw
Before the Court is Plaintiffs Bluesky Property Development & Management, LLC (“Bluesky") and Med Botanical, LLC's motion to remand. (Doc. 28). Defendant Westchester Surplus Lines Insurance Company responded. (Doc. 33). For the below reasons, Plaintiffs must supplement their motion regarding the citizenship of Bluesky's members.
Defendant removed this action by invoking diversity jurisdiction. (Doc. 1). Federal courts have diversity jurisdiction over civil actions where there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000, exclusive of interest and costs. See 28 U.S.C. § 1332(a). Bluesky is a limited liability company, whose citizenship is determined by “the citizenships of all [of its] members.” Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F. 3d 1020, 1022 (11th Cir. 2004) (emphasis added).
Plaintiffs argue that the Court should remand this case because the parties are not diverse. Defendant is a Georgia citizen. (Doc. 1 ¶ 5). Plaintiffs assert the “owner” of Bluesky, Joseph Houston, is also a citizen of Georgia and therefore shares citizenship with Defendant. [fn 1] (Doc. 28 at 2). But Plaintiffs' use of the term “owner” as a synonym for “member” is insufficient for the Court to determine whether the parties are diverse. The terms member and owner "are not always interchangeable,” which leaves the Court “unsure” whether diversity jurisdiction exists.
Jiangmen Benlida Printed Cir. Co. v. Circuitronix, LLC, No. 21-60125-CIV, 2021 WL 230178 (S.D. Fla. Jan. 22, 2021) (quoting Post v. Biomet, Inc., 3:20-CV-527-J-34JRK, 2020 WL 2766210, at *1 (M.D. Fla. May 28, 2020)). So Bluesky must provide a supplement explaining the citizenship of its members. [fn 2]
Accordingly, it is now
2
ORDERED:
1. Plaintiffs must SUPPLEMENT their Motion to Remand (Doc. 28) on or before November 4, 2025, to list Bluesky's current members.
2. Defendant may file a response to Plaintiffs' supplement on or before November 11, 2025.
DONE and ORDERED in Fort Myers, Florida on October 28, 2025.
Sheri Polster Chappell
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
3
[fn 1]: Plaintiffs filed a declaration from Joseph Houston with their motion. (Doc. 29). Houston's declaration restates he is the “owner” of Bluesky and provides no information regarding Bluesky's members.
[fn 2]: The parties do not contest that Plaintiff Med Botanical LLC is a Wyoming limited liability company whose only known member is a citizen of Wyoming or Texas. (See Docs. 1 ¶¶ 8–10, 1-14). Therefore, Plaintiffs do not need to provide additional information regarding Plaintiff Med Botanical LLC's citizenship.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bluesky Prop. Dev. & Mgmt., LLC v. Westchester Surplus Lines Ins. Co., 2021 WL 230178 (M.D. Fla. 2025)…e whether the parties are diverse. The terms member and owner "are not always interchangeable,” which leaves the Court “unsure” whether diversity jurisdiction exists. Jiangmen Benlida Printed Cir. Co. υ. Circuitronix, LLC, No. 21-60125-CIV, 2021 WL 230178 (S.D. Fla. Jan. 22, 2021) (quoting Post v. Biomet, Inc., 3:20-CV-527-J-34JRK, 2020 WL 2766210, at *1 (M.D. Fla. May 28, 2020)). So Bluesky must provide a supplement explaining the citizenship of its members.² Accordingly, it is now 1…1 / 2
-
Firestone Fin., LLC v. FAP Logistics, LLC (M.D. Fla. 2024)…, LLC, No. 3:21-cv-375-MMH-JRK, 2021 6 ---PAGE 7--- Case 3:23-cv-00988-MMH-SJH Document 49 Filed 10/01/24 Page 7 of 21 PageID 334 WL 1542855, at *2 (M.D. Fla. Apr. 20, 2021); Jiangmen Benlida Printed Cir. Co. ν. Circuitronix, LLC, No. 21-60125-CIV, 2021 WL 230178, at *1 (S.D. Fla. Jan. 22, 2021); Bowyer v. Victoria's Secret Stores, LLC, No. 3:18-cv-288-J-34JBT, 2018 WL 1121614, at *2 (M.D. Fla. Mar. 1, 2018); and Fla. Stat. § 605.0401(4)). On September 20, 2024, Plaintiff filed a response to the Second Orde…1 / 3
Authorities Cited
- Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020 (11th Cir. 2004)
- U-Smc/DeMaria JV1, LLC v. PAL Env't Safety Corp. (M.D. Fla. 2025)
- Bluesky Prop. Dev. & Mgmt., LLC v. Westchester Surplus Lines Ins. Co., 2021 WL 230178 (M.D. Fla. 2025)