Regions Bank v. Radno, Inc. et al

Filing 4

ORDER dismissing 1 Complaint filed by Regions Bank for lack of subject-matter jurisdiction without prejudice to filing an Amended Complaint within 7 days of this Order. Signed by Judge John E. Steele on 4/3/2014. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
REGIONS BANK, an Alabama
state chartered bank,
Plaintiff,
v.

Case No: 2:14-cv-193-FtM-29DNF

RADNO,
INC.,
a
Florida
corporation, PETER J. RADNO,
individually, MELINDA RADNO,
individually, and WHITE LAKE
COMMONS ASSOCIATION, INC., a
Florida
non-profit
corporation,
Defendants.
ORDER
This matter comes before the Court on review of the Verified
Complaint (Doc. #1) filed on April 3, 2014.1
jurisdiction

is

premised

on

the

jurisdiction between the parties.
complete

diversity

of

presence

Subject-matter

of

diversity

(Id., ¶ 7.)

citizenship,

and

that

of

This requires
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).

The Court is

satisfied that the amount in controversy exceeds $75,000.

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).

Plaintiff alleges that it is an Alabama state chartered bank,
that Radno, Inc. is a Florida corporation, and that White Lake
Commons Association, Inc. is a non-profit corporation.
¶¶ 1, 2, 6.)

(Doc. #1,

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.
559 U.S. 77 (2010).

Hertz Corp. v. Friend,

Therefore, the citizenship of these parties

is not adequately asserted.
Plaintiff asserts that J. Radno, P. Radno, and M. Radno all
reside in the Middle District of Florida.

(Doc. #1, ¶¶ 3-5.)

“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, 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.”
McCormick

v.

Aderholt,

293

F.3d

1254,

1257-58

(11th

2002)(internal quotation marks and citations omitted).

2

Cir.

Plaintiff

has failed to properly allege the citizenship of the individually
named defendantd.

Therefore, no diversity of jurisdiction is

alleged.
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:
The Verified Complaint (Doc. #1) is dismissed for lack of
subject-matter jurisdiction without prejudice to filing an Amended
Complaint within SEVEN (7) DAYS of this Order.
DONE AND ORDERED at Fort Myers, Florida, this
April, 2014.

Copies:
Counsel of record

3

3rd

day of