Branch Banking and Trust Company v. E&D Properties, L.L.C. et al

Filing 7

ORDER that the plaintiff has until January 24, 2013, to amend the complaint to allege § 1332 jurisdiction sufficiently, see 28 U.S.C. § 1653; otherwise, this cause shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 1/16/2013. (jg, )

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

BRANCH BANKING AND TRUST
COMPANY,
Plaintiff,
v.
E&D PROPERTIES, L.L.C.,
RODNEY A. DECKER, and
DAVID L. EARNEST,
Defendants.

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CIVIL ACTION NO.
2:12cv1093-MHT
(WO)

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).

To

invoke original jurisdiction based on diversity, 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

a

party

that

is

a

‘limited liability company’: defendant E&D Properties,
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

the

complaint

entities,

must

reflect

the

citizenship, or citizenships, of each and every entity
based on the nature of that entity.)
Also, 28 U.S.C. § 1332(c) provides that a corporation
shall be deemed a citizen, first, of all States by which
it has been incorporated and, second,

of the State where

it has its principal place of business.

2

To invoke

jurisdiction based on diversity in a case in which a
corporation is a party, it is thus necessary to allege
distinctly and affirmatively all the States by which the
corporation has been incorporated and the State in which
the corporation has its principal place of business.
American Motorists Ins. Co. v. American Employers' Ins.
Co.,

600

curiam).

F.2d
The

15,

16

and

plaintiff's

n.1

(5th

complaint

Cir.

1979)

fails

to

(per

allege

sufficiently the citizenship of plaintiff Branch Banking
and Trust Company.
***
It is therefore the ORDER, JUDGMENT, and DECREE of
the court that the plaintiff has until January 24, 2013,
to amend the complaint to allege § 1332 jurisdiction
sufficiently, see 28 U.S.C. § 1653; otherwise, this cause
shall be dismissed without prejudice.
DONE, this the 16th day of January, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE