Atlantic Casualty Insurance Company v. L & L Social Club, Inc. et al

Filing 15

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 )
COMPANY,
)
)
Plaintiff,
)
)
v.
)
)
L & L SOCIAL CLUB, INC.,
)
d/b/a L & L Social Club,
)
et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
3:12cv617-MHT
(WO)

OPINION AND 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).* 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.

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
the corporation has its principal place of business.
American Motorists Ins. Co. v. American Employers' Ins.
Co.,

600

F.2d

curiam).

The

15,

16

and

n.1

plaintiff's

(5th

complaint

Cir.

1979)

fails

to

(per

allege

sufficiently the citizenship of corporate defendant L &
L Social Club, Inc.
The complaint is also insufficient because it does
not

indicate

Casualty

the

Insurance

citizenship

of

Company.

If

plaintiff
the

Atlantic

entity

is

a

corporation, then the complaint must allege, as stated,
the citizenship of both the State of incorporation and
where

the

business.

corporation

has

its

principal

place

of

If the entity is a partnership, the complaint

2

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.
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.)

***
It is therefore the ORDER, JUDGMENT, and DECREE of
the court that the plaintiff has until February 19, 2013,
to

amend

the

complaint

to

3

allege

jurisdiction

sufficiently,

see

28

U.S.C.

§

1653;

otherwise

lawsuit shall be dismissed without prejudice.
DONE, this the 6th day of February, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

this