Anthony v. Bulls Realty et al

Filing 63

ORDER directing the plaintiff to file with the Court an amended complaint that properly establishes federal subject matter jurisdiction based on diversity; failure to plead the necessary jurisdictional prerequisites by 11/27/2012 will result in dismissal of this case for lack of jurisdiction. Signed by Honorable Judge Mark E. Fuller on 11/21/12. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
DOROTHY ANTHONY,
PLAINTIFF,
v.
BULLS REALTY, et al.,
DEFENDANTS.

)
)
)
)
)
)
)
)
)

CASE NO. 3:11-cv-735-MEF
(WO – Do Not Publish)

ORDER
On November 8, 2012, the Court ordered Plaintiff Dorothy Anthony (“Anthony” or
“Plaintiff”) to file an Amended Complaint to specifically establish the Defendants’
citizenship. (Doc. #60.) On November 16, 2012, Plaintiff filed her Second Amended
Complaint, attempting to meet the jurisdictional pleading requirements of this Order;
however, Plaintiff’s Amended Complaint fails to set forth the necessary allegations to
establish a proper basis for federal diversity jurisdiction. Plaintiff alleges that Defendants
Bulls Realty and Blanchet Villas, Ltd. are citizens of Alabama. Yet Plaintiff does not allege
the state of Bulls Realty’s incorporation. Nor does she allege the citizenship of each partner
of Blanchet Villas, Ltd. See Rolling Green MHP, L.P. v. Comcast SCH Holdings, L.L.C.,
374 F.3d 1020, 1021 (11th Cir. 2004).
Accordingly, Plaintiff is hereby DIRECTED to file with the Court an Amended
Complaint that properly establishes federal subject matter jurisdiction based on diversity.
Failure to plead the necessary jurisdictional prerequisites by November 27, 2012 will result

in dismissal of this case for lack of jurisdiction.
DONE this the 21st day of November, 2011.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

2