Kelley v. U-Haul International, Inc. et al

Filing 9

ORDER that the plaintiff has until November 28, 2011, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 11/17/2011. (br, )

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

ERIC LEE KELLEY,
Administrator of the Estate
of Melinda Jo Williams,
Deceased,

)
)
)
)
)
Plaintiff,
)
)
v.
)
)
U-HAUL INTERNATIONAL, INC., )
a Corporation; et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
3:11cv919-MHT
(WO)

ORDER
The

allegations

of

the

plaintiff's

complaint

are

insufficient to invoke this court's jurisdiction under 28
U.S.C. § 1332.

To invoke jurisdiction based on diversity,

a complaint must distinctly and affirmatively allege each
party's citizenship. McGovern v. American Airlines, Inc.,
511 F. 2d 653, 654 (5th Cir. 1975) (per curiam).1
To

begin,

28

U.S.C.

§

1332(c)

provides

that

a

1. 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.

corporation shall be deemed a citizen, first, of all
States by which it has been incorporated and, second, of
the State where it has its principal place of business.
To invoke jurisdiction based on diversity in a case in
which a corporation is a party, it is thus necessary to
allege distinctly and affirmatively all the States by
which the corporation has been incorporated and the State
in

which

business.

the

corporation

American

has

Motorists

its

principal

Ins.

Co.

place

v.

of

American

Employers' Ins. Co., 600 F.2d 15, 16 and n.1 (5th Cir.
1979) (per curiam).

The plaintiff's complaint fails to

allege sufficiently the citizenship of corporate defendant
U-Haul International, Inc.
The complaint is also insufficient because it does not
indicate

the

citizenship

of

defendants

Eberly

Transportation, David Walker, and Sovran Holdings, Inc.2
If the entity is a corporation, then, as stated, the

2. While Sovran Holdings, Inc. bears an “Inc.” in
its name, (indicating it is a corporation), the complaint
refers to it as a “limited partnership.” It is therefore
unclear what type of entity Sovran Holdings, Inc. really
is.
2

complaint must allege the citizenship of both the State of
incorporation and where the corporation has its principal
place of business.
is

a

28 U.S.C. § 1332(c)(2).

partnership,

the

complaint

must

If the entity
indicate

the

citizenship of the individual partners, both general and
limited. Carden v. Arkoma Associates, 494 U.S. 185 (1990).
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 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 must
reflect the citizenship, or citizenships, of each and every
entity based on the nature of that entity.)
Finally, the plaintiff has sued defendant Katherine
Miller in her capacity as personal representative for the
estate of a decedent.

"[T]he legal representative of the

3

estate of a decedent shall be deemed to be a citizen only
of

the

same

§ 1332(c)(2).
citizenship

State

as

the

decedent."

28

U.S.C.

Because the complaint does not set forth the
of

the

decedent,

the

complaint

does

not

adequately establish the ground for this court to assume
jurisdiction of this matter.
***
It is therefore the ORDER, JUDGMENT, and DECREE of the
court that the plaintiff has until November 28, 2011, to
amend the complaint to allege jurisdiction sufficiently;
otherwise

this

lawsuit

shall

be

dismissed

prejudice.
DONE, this the 17th day of November, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

without