REED
v.
CHAMBLEE

M.D. Fla. | 2022-10-18
No. 3:22-cv-1059
District Court, M.D. Florida (2022)

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Holding

The court held that the plaintiff failed to adequately allege the citizenship of several defendants, preventing the court from determining subject matter jurisdiction.


Facts & Procedural History

The plaintiff invoked the court's diversity jurisdiction, alleging the amount in controversy exceeded $75,000. However, the plaintiff failed to proper…

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Opinion of the Court

Golf Channel, an LLC. See (Doc. 1 ¶ 8); Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F. 3d 1020, 1022 (11th Cir. 2004) (holding that to sufficiently allege the citizenship of an LLC, “a party must list the citizenships of all the [LLC’s] members”).

• Plaintiff does not allege Defendants Golfweek and Gannett Co.’s states of incorporation. See (Doc. 1 ¶¶ 9–10); 28 U.S.C. § 1332(c)(1) (“[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 . . . .”). The Court requires more information before it can determine that is has jurisdiction over the case. Accordingly, it is hereby ORDERED:

Plaintiff is directed to file a jurisdictional supplement no later than November 9, 2022.

(2006) (“An individual who resides in more than one State is regarded, for purposes of federal subject-matter (diversity) jurisdiction, as a citizen of but one State.”), but the Court presumes from the good-faith allegations that while Plaintiff may sometimes reside in Florida, he intends to remain in Texas indefinitely, see Scoggins v. Pollock, 727 F. 2d 1025, 1026 (11th Cir. 1984) (describing the citizenship standard for persons as (1) physical presence, and (2) an intention to remain there indefinitely). DONE AND ORDERED in Jacksonville, Florida the 18th day of October, 2022.

\ Ww TIMOTHY J. CORRIGAN = United States District Judge ckm Copies: Counsel of record


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