Gibbs v. Wilson, LLC et al

Filing 14

ORDER, JUDGMENT, and DECREE of the court that the plf has until 11/4/2015, to amend the complaint to allege 1332 jurisdiction sufficiently, otherwise, this case shall be dismissed without prejudice, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 10/28/15. (djy, )

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

DEBRA K. GIBBS,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
WILSON, LLC, et al.,
Defendants.

CIVIL ACTION NO.
1:15cv645-MHT
(WO)

ORDER
The allegations of the plaintiff's complaint are
insufficient to invoke this court's jurisdiction under
28 U.S.C. § 1332.
diversity,
affirmatively

a

To invoke jurisdiction based on

complaint
alleged

each

must

distinctly

party's

and

citizenship.

McGovern v. American Airlines, Inc., 511 F. 2d 653, 654
(5th Cir. 1975) (per curiam).*
The complaint here is insufficient because it does
not indicate the citizenship of two parties that are

*
In Bonner v. Prichard, 661 F.2d 1206, 1209
(11th Cir. 1981) (en banc), the Eleventh Circuit Court
of Appeals adopted as binding precedent all of the

‘limited liability companies’: Wilson, LLC, and Holiday
Hospitality

Franchising,

LLC.

“[L]ike

a

limited

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.)
In

addition,

the

plaintiff's

complaint

fails

to

meet § 1332's requirements because the complaint gives
the "residence" rather than the "citizenship" of Debra
K. Gibbs and James R. Wilson, III.

An allegation that

a party is a "resident" of a State is not sufficient to
establish that a party is a "citizen" of that State.

decisions of the former Fifth Circuit handed down prior
to the close of business on September 30, 1981.
2

Delome v. Union Barge Line Co., 444 F.2d 225, 233 (5th
Cir.), cert. denied, 404 U.S. 995 (1971).
***
It is therefore the ORDER, JUDGMENT, and DECREE of
the

court

2015,

to

that
amend

jurisdiction
otherwise,

the

plaintiff

the

complaint

sufficiently,
this

cause

has

see

shall

until
to

28
be

November

allege
U.S.C.

dismissed

§
§

4,

1332
1653;

without

prejudice.
DONE, this the 28th day of October, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE