Pennsylvania National Mutual Casualty Insurance Company v. Watts Builders, L.L.C. et al
OPINION AND ORDER: ORDER, JUDGMENT, and DECREE of the court that the plf has until 11/30/2012, to amend the complaint to allege jurisdiction sufficiently, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 11/19/2012. (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
MUTUAL CASUALTY INSURANCE
WATTS BUILDERS, L.L.C.;
CIVIL ACTION NO.
OPINION AND 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).
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 not
indicate the citizenship of
parties that are ‘limited
liability companies’: Watts Builders, L.L.C. and Watts
“[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
(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 November 30, 2012, to
amend the complaint to allege jurisdiction sufficiently;
DONE, this the 19th day of November, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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