Captiva RX, LLC v. Daniels

Filing 14

ORDER dismissing 1 Complaint for lack of subject-matter jurisdiction without prejudice to filing an Amended Complaint within 7 days; denying as moot 8 motion to dismiss, Motion for More Definite Statement; denying 13 Stipulation as moot. Signed by Judge John E. Steele on 2/26/2014. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CAPTIVA RX, LLC dba Captiva
Pharma
Plaintiff,
v.

Case No: 2:13-cv-889-FtM-29DNF

JAMES JOSEPH DANIELS, JR.,
Defendant.
ORDER
This matter comes before the Court on review of the Complaint
(Doc. #1) filed on December 24, 2013. 1 Subject-matter jurisdiction
is premised on the presence of diversity of jurisdiction between
the parties.

(Id., ¶ 4.)

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).
Plaintiff alleges that it is a limited liability company
formed and existing under the laws of the State of Florida with a
principal place of business in Florida.

(Doc. #1, ¶ 6.)

Plaintiff

does not identify the members or the citizenship of the individual

1

If the Court determines “at any time” that it lacks subjectmatter jurisdiction, the Court must dismiss the case.
Fed. R.
Civ. P. 12(h)(3).

members of the limited liability company, and 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 (11th Cir. 2004).

Therefore, the Court cannot determine the

citizenship of plaintiff, or that diversity of jurisdiction is
present.
Plaintiff

further

alleges

that

defendant

James

Joseph

Daniels, Jr. is a “resident” of the State of Georgia and that he
“resides” in Georgia.

(Doc. #1, ¶ 7.)

“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 domicile.

Pleading residency is not the equivalent of

Molinos Valle Del Cibao, C. por A. v. Lama,

633 F.3d 1330, 1341 (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.”
Aderholt,

293

F.3d

1254,

1257-58

(11th

quotation marks and citations omitted).
properly
defendant.

allege

the

citizenship

of

Cir.

McCormick v.
2002)(internal

Plaintiff has failed to
the

individually

named

Therefore, no diversity of jurisdiction is alleged.

2

Plaintiff will be provided an opportunity to state the presence of
federal jurisdiction pursuant to 28 U.S.C. § 1653.
Accordingly, it is now
ORDERED:
1. The Complaint (Doc. #1) is dismissed for lack of subjectmatter jurisdiction without prejudice to filing an Amended
Complaint within SEVEN (7) DAYS of this Order.
2. Defendant’s Motion to Dismiss, or in the Alternative,
Motion for More Definite Statement (Doc. #8) is DENIED as
moot.
3. The parties’ Stipulation and Joint Motion for Entry of
Agreed Order Extending Deadline for Counsel to Meet in
Person Pursuant to Local Rule 3.05(c)(2)(B) is DENIED as
moot.
DONE AND ORDERED at Fort Myers, Florida, this
February, 2014.

Copies:
Counsel of record

3

26th

day of