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, )

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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

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