Aspen Specialty Insurance Company v. Merion Realty Management, LLC, et al.

Filing 7

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
insurance company,
Plaintiff,
v.
MERION REALTY MANAGEMENT,
LLC, a foreign limited
liability company, et al.,
Defendants.

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CIVIL ACTION NO.
2:13cv919-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).

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 parties that are ‘limited
liability

companies’:

Merion

Realty

Management,

LLC,

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.”

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.)
The complaint is also insufficient because it does
not indicate the citizenship of plaintiff Aspen Specialty

2

Insurance Company.

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);

American

v.

Motorist

Insur.

Co.

American

Employers'

Insur. Co., 600 F.2d 15, 16 & n. 1 (5th Cir. 1979) (per
curiam).

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.
1987).

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
of

several

entities,

the

complaint

3

must,

as

stated,

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
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.
DONE, this the 7th day of January, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE