Baxter et al v. The Prudential Insurance Company of America
Filing
19
OPINION AND ORDER dismissing without prejudice 18 Amended complaint. Plaintiffs may file a Second Amended Complaint within 21 days of the date of this Opinion and Order setting forth a sufficient factual basis for the citizenship of each party. The Court will defer entry of the Case Management and Scheduling Order pending the filing of the Second Amended Complaint. Signed by Judge John E. Steele on 10/5/2011. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
HARRY
BAXTER,
JEANNE
BAXTER,
JENNIFER WEIL, and CLAIRE BAXTER
FITZGERALD, as beneficiaries of
KATHRYN BROOKE BAXTER,
Plaintiffs,
vs.
Case No.
2:11-cv-401-FtM-29DNF
THE PRUDENTIAL INSURANCE COMPANY OF
AMERICA, d/b/a SERVICEMEMBERS’ GROUP
LIFE INSURANCE, and the UNITED
STATES
DEPARTMENT
OF
VETERAN’S
AFFAIRS,
Defendants.
___________________________________
OPINION AND ORDER
This matter comes before the Court on review of the Case
Management Report (Doc. #15). This case was filed in federal court
on the basis of diversity of citizenship under Title 28, United
States Code, Section 1332.
Complaint
(Doc.
#18)
(Docs. #17, #18.)
fails
to
make
Because the Amended
sufficient
allegations
supporting subject matter jurisdiction, the Court will dismiss it
with leave to file a second amended complaint.
Diversity
jurisdiction
requires
complete
diversity
of
citizenship, and that the matter in controversy exceed the sum or
value of $75,000, exclusive of interest and costs.
28 U.S.C.
§ 1332(a); Morrison v. Allstate Indem. Co., 228 F.3d 1255, 1261
(11th Cir. 2000).
“In order to be a citizen of a State within the
meaning of the diversity statute, a natural person must both be a
citizen of the United States and be domiciled within the State.”
Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 828 (1989).
Pleading residency is not the equivalent of pleading domicile.
Molinos Valle Del Cibao, C. Por A. v. Lama, 633 F.3d 1330, 1342
n.12 (11th Cir. 2011); Corporate Mgmt. Advisors, Inc. v. Artjen
Complexus, Inc., 561 F.3d 1294, 1297 (11th Cir. 2009); Taylor v.
Appleton, 30 F.3d 1365, 1367 (11th Cir. 1994).
“A person’s
domicile is the place of his true, fixed, and permanent home and
principal establishment, and to which he has the intention of
returning whenever he is absent therefrom.” McCormick v. Aderholt,
293 F.3d 1254, 1257-58 (11th Cir. 2002)(internal quotations and
citations omitted).
A corporation is a citizen of both the state
of its incorporation and the state where it has its principal place
of business.
28 U.S.C. § 1332(c)(1).
The principal place of
business is determined by the “nerve center” test.
Friend, 130 S. Ct. 1181, 1193 (2010).
Hertz Corp. v.
The Amended Complaint fails
to make any allegations regarding the citizenship of any party, and
will therefore be dismissed without prejudice and with leave to
amend.
Accordingly, it is now
ORDERED:
1. The Amended Complaint (Doc. #18) is DISMISSED WITHOUT
PREJUDICE.
Plaintiffs may file a Second Amended Complaint within
-2-
TWENTY-ONE (21) DAYS of the date of this Opinion and Order setting
forth a sufficient factual basis for the citizenship of each party.
2.
The Court will defer entry of the Case Management and
Scheduling
Order
pending
the
filing
of
the
Second
Amended
Complaint.
DONE AND ORDERED at Fort Myers, Florida, this
October, 2011.
Copies:
Counsel of record
-3-
5th
day of
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?