AJS Weightloss, LLC v. Rosenthal et al

Filing 11

ORDER re 1 Complaint filed by AJS Weightloss, LLC. Plaintiff's Complaint 1 is DISMISSED without prejudice. Plaintiff may file an amended complaint on or before November 12, 2013 in accordance with the above. Signed by Judge Sheri Polster Chappell on 10/29/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
AJS WEIGHTLOSS, LLC,
Plaintiff,
v.

Case No: 2:13-cv-711-FtM-38DNF

MICHAEL S. ROSENTHAL and
WAGNER, JOHNSTON &
ROSENTHAL, P.C.,
Defendants.
/
ORDER1
This matter comes before the Court on Disclosure of LLC Member Citizenship
(Doc. #8) filed on October 15, 2013. Pursuant to a previous Order (Doc. #6), Plaintiff,
who bears the burden of adequately pleading and ultimately proving jurisdiction, is
required to state the citizenship of each of its members no later than October 24, 2013.
The previous Order noted should the LLC members also contain a limited liability
company, the citizenship of the latter LLC’s members must also be disclosed. In
Plaintiff’s response to the previous Order, Plaintiff discloses that the members of AJS
Weightloss, LLC are Cordetren Enterprises, LLC and 2 Guys Weight Loss, LLC.
However, Plaintiff does not disclose anything further. To establish proper diversity
jurisdiction in this case, Plaintiff must now state the members of Cordetren Enterprises,

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LLC and 2 Guys Weight Loss, LLC. If the members of the two additional LLCs are also
limited liability companies, then Plaintiff must state those members as well, until
individuals and non-LLC entities are all that are left to be reviewed. See Moreno v.
Breitburn Florida, LLC, No. 2:09-cv-566-FtM-29DNF, 2011 WL 2293124, at *1 (M.D.
Fla. June 9, 2011) (“a limited liability company is a citizen of every state in which one of
its members is located.”) (citing Rollings Greens MHP, L.P. v. Comcast SCH Holdings,
LLC., 374 F.3d 1020 (11th Cir. 2004)). To date Plaintiff has not satisfied the Court’s
previous Order and has failed to establish the complete diversity of the Parties.
Accordingly, it is now
ORDERED:
(1) Plaintiff’s Complaint (Doc. #1) is DISMISSED without prejudice.
(2) Plaintiff may file an amended complaint on or before November 12, 2013 in
accordance with the above.
DONE and ORDERED in Fort Myers, Florida this 29th day of October, 2013.

Copies: All Parties of Record

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