Advance Industrial Coating, LLC v. Westfield Insurance Company

Filing 4

ORDER dismissing case re 1 Complaint. The Complaint on Public Construction Bond (Doc. #1) is DISMISSED without prejudice. Plaintiff Advance Industrial Coating, LLC may file an amended complaint that properly alleges federal jurisdiction no later than March 27, 2015. Failure to timely file an amended complaint will result in this matter being closed. Signed by Judge Sheri Polster Chappell on 3/6/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ADVANCE INDUSTRIAL COATING,
LLC, a Florida limited liability company
Plaintiff,
v.

Case No: 2:15-cv-141-FtM-38DNF

WESTFIELD INSURANCE
COMPANY,
Defendant.
/
ORDER1
This matter comes before the Court on review of the Complaint on Public
Construction Bond (Doc. #1) filed on March 4, 2015. Plaintiff Advance Industrial Coating,
LLC brings this case against Defendant Westfield Insurance Company based on diversity
jurisdiction. (Doc. #1, at ¶4). 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, Advance Industrial Coating failed to properly indicate its individual
citizenship. Instead, Advance Industrial Coating merely states it “is a Florida limited
liability company with its principal place of business in Jacksonville, Florida.” (Doc. #1, at
¶2). A limited liability company 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)). Here, it appears Advance Industrial
Coating has relied on the citizenship requirements for a corporation instead. After all, the
members of the LLC and their respective locations are not disclosed in the complaint.
In addition, allegations regarding Defendant Westfield Insurance’s citizenship are
ambiguous. That is, Advance Industrial Coating alleges Westfield Insurance “is an Ohio
corporation and foreign insurance company authorized to issue surety bonds in the State
of Florida.” (Doc. #1, at ¶3). 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. Hertz Corp. v. Friend,
559 U.S. 77 (2010). If Westfield Insurance is an Ohio corporation, then its principle place
of business must also be disclosed. If, however, Westfield Insurance is a foreign
corporation then Advance Industrial Coating should clearly plead such. See generally
Arango v. Guzman Travel Advisors, 761 F.2d 1527, 1533 (11th Cir. 1985).
The Court is currently not satisfied that it has federal jurisdiction to facilitate this
case. The Court will dismiss the complaint without prejudice but allow Advance Industrial
Coating to file an amended complaint that properly alleges the Court’s jurisdiction.
Accordingly, it is now

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ORDERED:
The Complaint on Public Construction Bond (Doc. #1) is DISMISSED without
prejudice. Plaintiff Advance Industrial Coating, LLC may file an amended complaint that
properly alleges federal jurisdiction no later than March 27, 2015. Failure to timely file an
amended complaint will result in this matter being closed.
DONE and ORDERED in Fort Myers, Florida this 6th day of March, 2015.

Copies: All Parties of Record

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