Smith v. Golden Peanut Company, LLC

Filing 14

ORDER directing that the plaintiff has until February 6, 2015, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 1/26/15. (scn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION JAMES EDWARD SMITH, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. GOLDEN PEANUT COMPANY, LLC, a limited liability company, Defendant. CIVIL ACTION NO. 1:14cv999-MHT (WO) ORDER The allegations of the complaint in this case are insufficient to jurisdiction under citizenship). diversity, 28 this U.S.C. court's § 1332 original (diversity of To invoke original jurisdiction based on the affirmatively invoke complaint allege each must party's distinctly and citizenship. See McGovern v. American Airlines, Inc., 511 F. 2d 653, 654 (5th Cir. 1975) (per curiam). show that the citizenship The allegations must of each different from that of each defendant. plaintiff is 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 fails to allege properly the citizenship of a party that is a ‘limited LLC. liability “[L]ike company’: a limited Golden Peanut partnership, a Company, limited liability company is a citizen of any state of which a member of the company is a citizen.” MHP, L.P. 1020, v. 1022 Comcast (11th SCH Cir. Holdings 2004). Rolling Greens L.L.C., The 374 F.3d 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 2015, to that the plaintiff has amend the complaint to until allege February 6, jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. DONE, this the 26th day of January, 2015. /s/ Myron H. Thompson___ UNITED STATES DISTRICT JUDGE

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