Hospitalists Management Group, LLC v. Florida Medical Affiliates, Inc. et al

Filing 5

ORDER dismissing case re 1 Complaint. Complaint (Doc. #1) is DISMISSED without prejudice. Plaintiff may file an amended complaint no later than May 19, 2014 that properly alleging this Court's jurisdiction, otherwise, this matter will be closed without further notice. Signed by Judge Sheri Polster Chappell on 5/5/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
HOSPITALISTS MANAGEMENT
GROUP, LLC,
Plaintiff,
v.

Case No: 2:14-cv-242-FtM-38DNF

FLORIDA MEDICAL AFFILIATES,
INC., KHALID SABHA and ANNE
RONCO,
Defendants.
/
ORDER1
This matter comes before the Court on review of the Complaint (Doc. #1) filed on
May 5, 2014. Plaintiff brings this case against the defendants based on diversity
jurisdiction. Claims properly brought in federal court pursuant to diversity jurisdiction
contain matters where the parties are completely diverse with regard to citizenship and
where the amount 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). In an action filed directly in federal court, plaintiff bears the burden
of adequately pleading, and ultimately proving, jurisdiction. King v. Cessna Aircraft Co.,
505 F.3d 1160, 1171 (11th Cir. 2007).

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Here, Plaintiff fails to properly indicate the individual defendant’s citizenship.
Instead, Plaintiff relies on the individuals’ residences alone rather than their domiciles to
indicate citizenship. (Doc. #1, at ¶¶ 3-5). An individual is a citizen for diversity purposes
where he is domiciled and not necessarily where he is a resident. Domicile is the place
of an individual’s true, fixed, and permanent home and to which he has the intention of
returning whenever he is absent therefrom. See e.g, Arrol v. Heron, No. 2:10-cv-655-FtM29DNF, 2011 WL 672417, at *1 (M.D. Fla. Feb. 17, 2011). Also, the Court is not convinced
that the proper amount in controversy is present in this matter. The Complaint simply
states that the matter in controversy exceeds the sum or value of $75,000 but does not
request a specific amount of damages nor explain the basis for this jurisdiction allegation.
(Doc. #1, at ¶5). See generally Morrison v. Allstate Indem. Co., 228 F.3d 1255, 1261-62
(11th Cir. 2000).
Accordingly, it is now
ORDERED:
Complaint (Doc. #1) is DISMISSED without prejudice. Plaintiff may file an
amended complaint no later than May 19, 2014 that properly alleges this Court’s
jurisdiction, otherwise, this matter will be closed without further notice.
DONE and ORDERED in Fort Myers, Florida this 5th day of May, 2014.

Copies: All Parties of Record

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