S&S Construction, LLC v. United Rentals (North America), Inc. et al (JOINT ASSIGN)
ORDER, JUDGMENT, and DECREE of the court that the plaintiff has seven days from the date of this order 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 11/23/2015. (kh, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
S&S CONSTRUCTION, LLC,
UNITED RENTALS (NORTH
AMERICA), INC. and UNITED
CIVIL ACTION NO.
The allegations of the plaintiff's complaint are
insufficient to invoke this court's jurisdiction under
28 U.S.C. § 1332(d).
To invoke jurisdiction based on
McGovern v. American Airlines, Inc., 511 F. 2d 653, 654
(5th Cir. 1975) (per curiam).*
In Bonner v. Prichard, 661 F.2d 1206, 1209
(11th Cir. 1981) (en banc), the Eleventh Circuit Court
of Appeals adopted as binding precedent all of the
decisions of the former Fifth Circuit handed down prior
to the close of business on September 30, 1981.
The complaint here is insufficient because it does
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
(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 seven days from the
date of this order to amend the complaint to allege §
1332 jurisdiction sufficiently, see 28 U.S.C. § 1653;
DONE, this the 23rd day of November, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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