U-SMC/DEMARIA JV1, LLC
v.
PAL ENVIRONMENTAL SAFETY CORP.
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The court struck plaintiff's disclosure statement for failing to comply with Local Rule 3.03 and Fed. R. Civ. P. 7.1 because it did not adequately identify the LLC members' citizenship required to establish diversity jurisdiction. The court ordered plaintiff to file a corrected disclosure statement identifying each member and, for corporate members, their states of incorporation and principal places of business.
The disclosure statement was insufficient because it failed to identify the actual members of the LLC and their citizenship. Even assuming the two listed corporations are the only members, providing merely their principal places of business is inadequate; the state(s) of incorporation for any corporate members must also be provided to establish citizenship under 28 U.S.C. § 1332(c).
“it is membership, not ownership, that is critical for determining the citizenship of an LLC”
Establishes the controlling principle that LLC citizenship for diversity jurisdiction depends on member citizenship, not owner citizenship
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceU-SMC/DeMaria JV1, LLC, a Florida limited liability company, filed a disclosure statement in response to court requirements regarding federal jurisdic…
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Plaintiff's Disclosure Statement, Doc. 5, fails to comply with the requirements of Local Rule 3.03 and Fed. R. Civ. P. 7.1. Questions 2 and 2(a) of the Court's form ask if jurisdiction is based on 28 U.S.C. § 1332(a) and if the filer is a limited liability company ("LLC”) or other unincorporated entity. If so, the filer is directed to identify each member and the citizenship of each member (and so on). Plaintiff responded affirmatively, stating “U-SMC/DeMaria JV1, LLC a Florida limited liability company, owned by..." and providing the principal place of business for each of the two corporations which own Plaintiff. Doc. 5 at 2.
Such response does not adequately address Plaintiffs membership, which is what matters for diversity purposes. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F. 3d 1020, 1022 (11th Cir. 2004). In other words, “it is membership, not ownership, that is critical for determining the citizenship of an LLC.” Post v. Biomet, Inc., No. 3:20-cv-527-J-34JRK, 2020 WL 2766210, at *1 (M.D. Fla. May 28, 2020).
Additionally, assuming the two corporations listed as owners of Plaintiff are in fact members (and the only members) of the LLC, providing the principal place of business for each is insufficient to establish citizenship. Plaintiff must also provide the state(s) of incorporation of any corporate members. See 28 U.S.C. § 1332(c) (“[A] corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business[.]").
Accordingly, Plaintiff's Disclosure Statement, Doc. 5, is stricken. Plaintiff shall properly complete and file a disclosure statement pursuant to Local Rule 3.03 and Fed. R. Civ. P. 7.1 on or before February 12, 2025.
DONE AND ORDERED in Jacksonville, Florida, on February 5, 2025.
Samuel J. Horovitz United States Magistrate Judge
Copies to: Counsel of Record
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U-Smc/DeMaria JV1, LLC v. PAL Env't Safety Corp. (M.D. Fla. 2025)…ling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). In other words, “it is membership, not ownership, that is critical for determining the citizenship of an LLC.” Post v. Biomet, Inc., No. 3:20-cv-527-J-34JRK, 2020 WL 2766210, at *1 (M.D. Fla. May 28, 2020). ---PAGE 2--- Additionally, assuming the two corporations listed as owners of Plaintiff are in fact members (and the only members) of the LLC, providing the principal place of business for each is insufficient to esta…1 / 2
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Bluesky Prop. Dev. & Mgmt., LLC v. Westchester Surplus Lines Ins. Co., 2021 WL 230178 (M.D. Fla. 2025)…hich 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 Plaintiffs filed a declaration from Joseph Houston with their motion. (Doc. 29). Houston's declar…1 / 2
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities 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)