AJS Weightloss, LLC v. Rosenthal et al

Filing 6

ORDER re 1 Complaint filed by AJS Weightloss, LLC. Plaintiff shall file with the Court, in writing, the citizenship of each of its members no later than October 24, 2013. Should the LLC members also be a limited liability company, then the cit izenship of that LLC's members must also be disclosed.Failure to establish diversity may result in this matter being dismissed without further notice for failure to sufficiently allege subject matter jurisdiction. Signed by Judge Sheri Polster Chappell on 10/11/2013. (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 upon sua sponte review of the Complaint
(Doc. #1) filed on October 7, 2013. Plaintiff AJS Weightloss, LLC filed its Complaint in
this Court pursuant to diversity jurisdiction 28 U.S.C. § 1332(a)(1).
Diversity jurisdiction exists where the amount in controversy exceeds the sum or
value of $75,000 and is between citizens of different states. 28 U.S.C. § 1332(a)(1).
This requires complete diversity of citizenship, and that the matter in controversy
exceeds 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). “Since
Strawbridge v. Curtiss, 7 U.S. 267, 3 Cranch 267, 2 L. Ed. 435 (1806), we have read the
statutory formulation ‘between ... citizens of different States' to require complete

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diversity between all plaintiffs and all defendants.” Lincoln Prop. Co. v. Roche, 546 U.S.
81, 89, 126 S. Ct. 606, 163 L.Ed.2d 415 (2005) (citation omitted). In an action filed
directly in federal court, a plaintiff bears the burden of adequately pleading, and
ultimately proving jurisdiction. King v. Cessna Aircraft Co., 505 F.3d 1160, 1171 (11th
Cir. 2007). A limited liability company (LLC) is a citizen of every state in which one of its
members is located. Moreno v. Breitburn Florida, LLC, No. 2:09-cv-566-FtM-29DNF,
2011 WL 2293124, at *1 (M.D. Fla. June 9, 2011) (citing Rolling Greens MHP, L.P. v.
Comcast SCH Holdings, LLC., 374 F.3d 1020 (11th Cir. 2004)).
In the instant Complaint, Plaintiff has stated that the amount in controversy
exceeds $75,000.00, but has failed to establish the complete diversity of the Parties.
Plaintiff is a LLC. Each member of the LLC must be diverse from Defendants in this
case. Plaintiff has failed to state the citizenship of the members of the LLC. Therefore,
Plaintiff has failed to establish the Court’s subject matter jurisdiction pursuant to 28
U.S.C. § 1332(a) diversity jurisdiction. In order to maintain its case in this Court, Plaintiff
must establish that each LLC member is diverse from Defendants. Moreno, 2011 WL
2293124, at *1. Failure to comply with this Order may result in the case being dismissed
without further notice for failure to allege the Court’s subject matter jurisdiction.
Accordingly, it is now
ORDERED:
1. Plaintiff shall file with the Court, in writing, the citizenship of each of its
members no later than October 24, 2013.
2. Should the LLC members also be a limited liability company, then the
citizenship of that LLC’s members must also be disclosed.

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3. Failure to establish diversity may result in this matter being dismissed without
further notice for failure to sufficiently allege subject matter jurisdiction.
DONE and ORDERED in Fort Myers, Florida this 10th day of October, 2013.

Copies: All Parties of Record

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