Smith v. Golden Peanut Company, LLC
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, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
JAMES EDWARD SMITH,
GOLDEN PEANUT COMPANY,
LLC, a limited liability
CIVIL ACTION NO.
The allegations of the complaint in this case are
To invoke original jurisdiction based on
McGovern v. American Airlines, Inc., 511 F. 2d 653, 654
(5th Cir. 1975) (per curiam).
The allegations must
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[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
liability company is a citizen of any state of which a
member of the company is a citizen.”
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 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
sufficiently; otherwise this lawsuit shall be dismissed
DONE, this the 26th day of January, 2015.
/s/ Myron H. Thompson___
UNITED STATES DISTRICT JUDGE
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