Fuentes v. Bad Boy Enterprises, LLC et al
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
BAD BOY ENTERPRISES, LLC,
a limited liability
corporation; and TEXTRON,
INC., a corporation,
CIVIL ACTION NO.
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 is a citizen of any state of
which a member of the company is a citizen.”
Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d
therefore allege “the citizenships of all the members of
the limited liability company.”
(And if the entity
consists of several entities, the complaint must reflect
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,
sufficiently; otherwise this lawsuit shall be dismissed
DONE, this the 28th day of August, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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