THE CLOISTERS OF NAPLES, INC.
v.
LANDMARK AMERICAN INSURANCE COMPANY

M.D. Fla. | 2022-09-06
No. 2:22-cv-546
District Court, M.D. Florida (2022)

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.

Holding

The court held that the plaintiff's allegations of the defendant's citizenship were insufficient to establish diversity jurisdiction.

Facts & Procedural History

The plaintiff, The Cloisters of Naples, Inc., filed a Hurricane Irma insurance case based on diversity jurisdiction. The plaintiff alleged, upon infor…

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.

Topics
Citizenship For Diversity Purposes Complete Diversity Citizenship Subject Matter Jurisdiction

Explore caselaw by topic → Browse Citizenship For Diversity Purposes cases and more on FLexlaw

Opinion of the Court

Defendant. /

ORDER1

This is a Hurricane Irma insurance case based on diversity jurisdiction. For diversity jurisdiction to apply, a plaintiff must allege facts supporting “complete diversity; every plaintiff must be diverse from every defendant.” Travaglio v. Am. Exp. Co., 735 F. 3d 1266, 1268 (11th Cir. 2013).2 If there is any deficiency in subject-matter jurisdiction, the court is constitutionally obligated to dismiss the action. Id. at 1269. The party seeking federal jurisdiction must prove, by a preponderance of the evidence, facts supporting

pipe Lyte 6 A aclel” “ Kefle C. Dudek United States Magistrate Judge

Copies: All Parties of Record

Footnotes
1 Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. 2 Unless otherwise indicated, all internal quotation marks, citations, and alterations have been omitted in this and later citations. the exercise of jurisdiction. McCormick v. Aderholt, 293 F. 3d 1254, 1257 (11th Cir. 2002). Cloisters does not adequately plead diversity as to Landmark American Insurance Company, alleging “upon information and belief” that Landmark is a citizen of Oklahoma and Georgia. (Doc. 1 at 2.) But citizenship cannot be supposed, “nor supplanted by considerations of convenience and efficiency.” See Morrison v. Allstate Indem. Co., 228 F. 3d 1255, 1261, 1273 (11th Cir. 2000) (“Jurisdiction cannot be established by a hypothetical.”). To remedy this deficiency, Cloisters may file an amended complaint. Accordingly, it is ORDERED: The Cloisters of Naples, Inc., may file an amended complaint by September 13, 2022. Failing to do so will result in a recommendation that the complaint (Doc. 1) be dismissed without prejudice for lack of subject-matter jurisdiction. ENTERED in Fort Myers, Florida this September 6, 2022.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw