Davis v. Automatic Food Service, Inc. et al

Filing 10

OPINION AND ORDER directing that the plaintiff has until May 12, 2014, to amend the complaint to allege jurisdiction sufficiently, as further set out. Signed by Honorable Judge Myron H. Thompson on 5/8/14. (scn, )

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

SUNDEE ANN DAVIS,
Plaintiff,
v.
AUTOMATIC FOOD SERVICE,
INC., et al.,
Defendants.

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CIVIL ACTION NO.
2:14cv308-MHT
(WO)

OPINION AND ORDER
The

allegations

insufficient

to

of

invoke

citizenship jurisdiction.

the

plaintiff's

this

court's

complaint

are

diversity-of-

The allegations must show that

the citizenship of each plaintiff is different from that
of each defendant.

28 U.S.C. § 1332.

The plaintiff's complaint fails to meet this standard.
The plaintiff has sued defendant Pamela Little in her
capacity as personal representative for the estate of a
decedent.

"[T]he legal representative of the estate of a

decedent shall be deemed to be a citizen only of the same
State as the decedent ...."

28 U.S.C. § 1332(c)(2).

Because the complaint sets forth only the citizenship of
the personal representative and not that of the decedent,
the complaint does not adequately establish the ground for
this court to assume jurisdiction of this matter.
The complaint here is also insufficient because it
does not indicate the citizenship of a party that is a
‘limited liability company’: James Ray & Associates, 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.)
Finally, the complaint is insufficient because it does
not indicate the citizenship of defendants USAA Casualty
Insurance Company and State Farm Mutual Automobile Insurance
Company. If the entity is a corporation, then the complaint

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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

Motorist Insur. Co. v. 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.
If

the

Carden v. Arkoma Associates, 494 U.S. 185 (1990).
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 allege, as
stated,

“[t]he citizenships of all members of the limited

liability company.” Rolling Greens MHP, L.P., 374 F.3d at,
1022. (And if, as stated, 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.)

3

***
It is therefore the ORDER, JUDGMENT, and DECREE of the
court that the plaintiff has until May 12, 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 8th day of May, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE