PRESLEY
v.
MEADOWLARK SHORES LLC
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 plaintiff failed to properly plead the citizenship of the defendant LLC, thus failing to establish diversity jurisdiction.
Plaintiff filed a diversity action against a limited liability company. The plaintiff did not properly plead the citizenship of the LLC's members, whi…
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 Llcs cases and more on FLexlaw
Defendant. /
OPINION AND ORDER1
Before the Court is a sua sponte review of the file. Plaintiff Timothy Presley brings this diversity action against Defendant Meadowlark Shores LLC. Since Presley is proceeding in federal court, he must show the parties are completely diverse with an amount in controversy exceeding $75,000. 28 U.S.C. § 1332(a); Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 552 (2005). And district courts are “obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking.” Univ. of S. Ala. v. Am. Tobacco Co., 168 F. 3d 405, 410 (11th Cir. 1999).
plead the citizenship of Meadowlark Shores. An LLC (like Meadowlark Shores) is a citizen of every state in which one of its members is a citizen. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F. 3d 1020, 1022 (11th Cir. 2004). Accordingly, each member of the LLC must be diverse
from the plaintiff. See Americold Realty Tr. V. Conagra Foods, Inc., 136 S. Ct. 1012, 1015 (2016). Since an LLC is a citizen of every member’s state, the Complaint must identify each of the members and their citizenship. See Rolling Greens, 374
F. 3d at 1022 (A “party must list the citizenships of all the members of the” LLC). Presely states the parties are diverse, yet he identifies neither the members of Meadowlark Shores nor their domiciles. (Doc. 1 at 1). Instead, Presley merely states Meadowlark Shores is a “Florida limited liability
corporation.” (Doc. 1 at 1). Without identifying all of Meadowlark Shores’ members and every state where they are domiciled, the Court cannot conclude the parties are completely diverse Accordingly, it is now
ORDERED: 1. Plaintiff’s Complaint (Doc. 1) is DISMISSED without prejudice. 2. Plaintiff may file an amended complaint consistent with this order on
or before January 13, 2021. The failure to file a timely amended complaint will result in the case being closed without further notice. DONE and ORDERED in Fort Myers, Florida on December 30, 2020.
,
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Univ. OF S. Ala. v. THE Am. Tobacco Co., 168 F.3d 405 (11th Cir. 1999)
- Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020 (11th Cir. 2004)
- Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546 (U.S. 2005)
- Americold Realty Tr. v. Conagra Foods, Inc., 136 S. Ct. 1012 (U.S. 2016)