Osborne v. Wells Fargo Advisors, LLC

Filing 17

OPINION AND ORDER directing defendant to file an amended 1 Notice of removal setting forth the citizenship of the parties on or before June 11, 2012. Signed by Judge John E. Steele on 5/24/2012. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
EDWARD OSBORNE,
Plaintiff,
vs.

Case No.

WELLS FARGO ADVISORS LLC,
WACHOVIA SECURITIES LLC.

2:11-cv-691-FtM-29DNF

f/k/a

___________________________________
OPINION AND ORDER
This matter comes before the Court on review of the Notice of
Removal (Doc. #1). Because there are insufficient allegations that
this Court has subject matter jurisdiction, defendant will be
required to file a supplemental Notice of Removal before proceeding
further.
Subject-matter

jurisdiction

in

the

Notice

of

Removal is

premised on diversity of citizenship under Title 28, United States
Code,

Section

1332.

This

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).

A limited liability company is a citizen of any

state of which a member is a citizen.

Rolling Greens MHP, L.P. v.

Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004).
“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.

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).

The Notice of Removal does not

sufficiently plead the citizenship of either party.
Accordingly, it is now
ORDERED:
Defendant shall file an Amended Notice of Removal setting
forth the citizenship of the parties on or before June 11, 2012.
DONE AND ORDERED at Fort Myers, Florida, this
May, 2012.

Copies:
Counsel of record

-2-

24th

day of