Moran Enterprises, Inc v. Sonic Development, L.L.C.

Filing 9

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,

)
)
Plaintiff,
)
)
v.
)
)
SONIC DEVELOPMENT, L.L.C., )
d/b/a Capitol Chevrolet
)
Montgomery,
)
)
Defendant.
)

CIVIL ACTION NO.
1:13cv38-MHT

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).

To

invoke original jurisdiction based on diversity, the
complaint must distinctly and affirmatively allege each
party's citizenship.

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.

See

28 U.S.C. § 1332; see also 2 James Wm. Moore, et al.,
Moore's Federal Practice § 8.03[5][b] at 8-16 (3d ed.
2006).
The complaint here is insufficient because it does
not

indicate

the

citizenship

of

a

party

that

is

a

‘limited liability company’: defendant Sonic Development,
L.L.C.

“[L]ike

a

limited

partnership,

a

limited

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
liability company.”

Id.

(And if the entity consists of

several

the

complaint

entities,

must

reflect

the

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,

2

to

amend

the

complaint

to

allege

jurisdiction

sufficiently; otherwise this lawsuit shall be dismissed
without prejudice.
DONE, this the 29th day of January, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE