Souran v. Turks Bama Bucks LLC et al

Filing 5

MEMORANDUM OPINION. Signed by Judge Corey L. Maze on 11/19/2020. (SRD)

FILED
2020 Nov-19 PM 03:47
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
THOMAS C. SOURAN,
Plaintiff,
v.
TURKS BAMA BUCKS, LLC,
et al.,
Defendants.

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Case No. 4:20-CV-01239-CLM

MEMORANDUM OPINION
Pro se plaintiff Thomas C. Souran brings this breach of contract and fraud
case against Turks Bama Bucks, LLC, Terry Turk, and Jennifer Turk. See Doc. 1. In
his complaint, Souran alleges that this court has diversity jurisdiction over this action
which requires that (a) the amount in controversy exceeds $75,000 and (b) every
plaintiff is of diverse citizenship from every defendant. See 28 U.S.C. 1332. But
Souran, who is a resident of Wisconsin, failed to allege in his complaint the
citizenship of defendants. See Doc. 1. So the court ordered Souran to show cause as
to why this case should not be dismissed for lack of jurisdiction. See Doc. 3.
Souran has responded to the court’s order to show cause by arguing that this
court has jurisdiction because “Defendants either are incorporated in Alabama and
the Registered Agent is in Alabama or reside in Alabama and the transaction in
dispute occurred in Alabama.” Doc. 4 at 2. Souran asks that if he is wrong about this

court having jurisdiction over this case that under 28 U.S.C. § 1404 the court transfer
this case to a federal court that does have jurisdiction. See id.
Even if individual defendants Terry and Jennifer Turk are both residents and
citizens of Alabama, Souran has failed to show that this court has diversity
jurisdiction over this case. That is because Turks Bama Bucks, LLC is a limited
liability. And as explained in the court’s show cause order, a limited liability
company or partnership is a citizen of any state of which a member of the company
or partnership is a citizen. Rolling Greens MHP, L.P. v. Comcast SCH Holdings
LLC, 374 F.3d 1020, 1022 (11th Cir. 2004). So to sufficiently allege the citizenship
of a limited liability company, a party must identify the citizenship of all its
members. See id.
Souran has failed to identify who the members of Turks Bama Bucks, LLC
are or the citizenship of its members. So he has failed to meet his burden to show
that he may bring this case in federal court. The court will thus: (1) dismiss this case
without prejudice for lack of jurisdiction and (2) deny Souran’s request that the court
transfer this case to another federal district court. Because the court’s dismissal is
without prejudice, Souran can refile this case in state court where there is no need to
establish diversity jurisdiction. The court will enter a separate order that closes this
case.

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DONE this November 19, 2020.

_________________________________
COREY L. MAZE
UNITED STATES DISTRICT JUDGE

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