AMERISURE MUTUAL INSURANCE COMPANY

v.

MAMMOTH CONSTRUCTORS, LLC

Defendants. /

ORDER1

Before the Court is Plaintiff Amerisure Mutual Insurance Company’s Amended Complaint for a declaratory judgment stemming from an insurance dispute. (Doc. 8). The Court dismissed the original complaint for lack of subject matter jurisdiction. (Doc. 6). For the initial pleading, Plaintiff did not show complete diversity because it did not identify the members of Defendant Mammoth Constructors, LLC’s citizenships or domiciles. (Doc. 6). In dismissing, the Court explained how Plaintiff could fix the jurisdictional defects.

members, “Harold James Ordway” and “Kevin Gerard Rodrique (sic),” and lists their personal addresses. (Doc. 8 at ¶ 2). But the addresses only establish the members’ residencies—not their citizenships nor domiciles. See Molinos Valle Del Cibao, C. por A. v. Lama, 633 F. 3d 1330, 1341-42 (11th Cir. 2011)

(“Domicile is not synonymous with residence; one may temporarily reside in one location, yet retain domicile in a previous residence.”). And residency is not enough for diversity jurisdiction. Instead, 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.” McCormick v. Aderholt, 293 F. 3d 1254, 1257-58 (11th Cir. 2002); see also Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F. 3d 1020, 1022 (11th Cir. 2004). Because the

Complaint still fails to plead complete diversity of the parties’ citizenship, the Court must dismiss this action for lack of subject-matter jurisdiction. Accordingly, it is now ORDERED:

1. The Amended Complaint (Doc. 6) is DISMISSED without prejudice.
2. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case. DONE and ORDERED in Fort Myers, Florida on February 7, 20238.

,

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record