Moran Enterprises, Inc v. Sonic Development, L.L.C.
OPINION AND ORDER: it is therefore the ORDER, JUDGMENT, and DECREE of the court that the plf has until 2/8/2013, to amend the complaint to allege jurisdiction sufficiently, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 1/29/2013. (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
MORAN ENTERPRISES, INC,
SONIC DEVELOPMENT, L.L.C., )
d/b/a Capitol Chevrolet
CIVIL ACTION NO.
OPINION AND ORDER
The allegations of the complaint in this case are
insufficient to invoke this court's original jurisdiction
under 28 U.S.C. § 1332 (diversity of citizenship).
invoke original jurisdiction based on diversity, the
complaint must distinctly and affirmatively allege each
See McGovern v. American Airlines,
Inc., 511 F. 2d 653, 654 (5th Cir. 1975) (per curiam).
The allegations must show that the citizenship of each
plaintiff is different from that of each defendant.
28 U.S.C. § 1332; see also 2 James Wm. Moore, et al.,
Moore's Federal Practice § 8.03[b] at 8-16 (3d ed.
The complaint here is insufficient because it does
‘limited liability company’: defendant Sonic Development,
liability company is a citizen of any state of which a
member of the company is a citizen.”
Rolling Greens MHP,
L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022
(11th Cir. 2004). The complaint must therefore allege
“the citizenships of all the members of the limited
(And if the entity consists of
citizenship, or citizenships, of each and every entity
based on the nature of that entity.)
It is therefore the ORDER, JUDGMENT, and DECREE of
the court that the plaintiff has until February 8, 2013,
sufficiently; otherwise this lawsuit shall be dismissed
DONE, this the 29th day of January, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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