Aspen Specialty Insurance Company v. Merion Realty Management, LLC, et al.
OPINION and ORDER directing that the plaintiff Aspen Specialty Insurance Company has until January 24, 2014, to amend the complaint to allege jurisdiction sufficiently, see 28 U.S.C. § 1653; otherwise this lawsuit shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 1/7/14. (scn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ASPEN SPECIALTY INSURANCE
COMPANY, a foreign
MERION REALTY MANAGEMENT,
LLC, a foreign limited
liability company, et al.,
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).
invoke original jurisdiction based on diversity, the
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
Bayview Loan Servicing, LLC, Bayview Asset Management,
LLC, and Arlington Management, 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.”
(And if the entity
consists of several entities, the complaint must reflect
entity based on the nature of that entity.)
The complaint is also insufficient because it does
not indicate the citizenship of plaintiff Aspen Specialty
If the entity is a corporation, then
the complaint must allege the citizenship of both the
State of incorporation and where the corporation has its
principal place of business.
28 U.S.C. § 1332(c)(2);
Insur. Co., 600 F.2d 15, 16 & n. 1 (5th Cir. 1979) (per
If the entity is a partnership, the complaint
must indicate the citizenship of the individual partners,
both general and limited.
494 U.S. 185 (1990).
Carden v. Arkoma Associates,
If the entity is an unincorporated
association, the complaint must indicate the citizenship
of each and every one of its members.
Xaros v. U.S.
Fidelity and Guar. Co., 820 F.2d 1176, 1181 (11th Cir.
If the entity is a limited liability company, the
complaint must, as stated, allege “[t]he citizenships of
all members of the limited liability company.” Rolling
Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d
1020, 1022 (11 Cir. 2004). (And, if the entity consists
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 Aspen Specialty Insurance
complaint to allege jurisdiction sufficiently, see 28
U.S.C. § 1653; otherwise this lawsuit shall be dismissed
DONE, this the 7th day of January, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?