Fuentes v. Bad Boy Enterprises, LLC et al

Filing 7

ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that the plaintiff has until 9/5/2014, to amend the 1 Complaint to allege jurisdiction sufficiently as further set out in the order; otherwise this lawsuit shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 8/28/2014. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

MARCO FUENTES,
Plaintiff
v.
BAD BOY ENTERPRISES, LLC,
a limited liability
corporation; and TEXTRON,
INC., a corporation,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
1:14cv726-MHT
(WO)

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

‘limited

the

citizenship

liability

Enterprises,

LLC.

company’:
“[L]ike

a

of

a

party

that

defendant
limited

Bad

is

a

Boy

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 entities, the complaint 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 September 5, 2014,

2

to

amend

the

complaint

to

allege

jurisdiction

sufficiently; otherwise this lawsuit shall be dismissed
without prejudice.
DONE, this the 28th day of August, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE