Pennsylvania National Mutual Casualty Insurance Company v. Watts Builders, L.L.C. et al

Filing 4

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

PENNSYLVANIA NATIONAL
MUTUAL CASUALTY INSURANCE
COMPANY,
Plaintiff,
v.
WATTS BUILDERS, L.L.C.;
et al.,
Defendants.

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CIVIL ACTION NO.
2:12cv994-MHT
(WO)

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).
invoke

original

jurisdiction

based

on

diversity,

To
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 the citizenship of

parties that are ‘limited

liability companies’: Watts Builders, L.L.C. and Watts
Home, L.L.C.

“[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.)
***
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;

2

otherwise

this

lawsuit

shall

be

dismissed

prejudice.
DONE, this the 19th day of November, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

without