Atlantic Casualty Insurance Company v. L & L Social Club, Inc. et al
OPINION AND ORDER that the plaintiff has until February 19, 2013, 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 2/6/2013. (jg, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
ATLANTIC CASUALTY INSURANCE )
L & L SOCIAL CLUB, INC.,
d/b/a L & L Social Club,
CIVIL ACTION NO.
OPINION AND ORDER
The allegations of the plaintiff's complaint are
insufficient to invoke this court's jurisdiction under 28
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).* 28 U.S.C. § 1332(c) provides that a corporation
shall be deemed a citizen, first, of all States by which
*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.
it has been incorporated and, second,
of the State where
it has its principal place of business.
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
the corporation has its principal place of business.
American Motorists Ins. Co. v. American Employers' Ins.
sufficiently the citizenship of corporate defendant L &
L Social Club, Inc.
The complaint is also insufficient because it does
corporation, then the complaint must allege, as stated,
the citizenship of both the State of incorporation and
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.
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.)
It is therefore the ORDER, JUDGMENT, and DECREE of
the court that the plaintiff has until February 19, 2013,
lawsuit shall be dismissed without prejudice.
DONE, this the 6th day of February, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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