Nazario v. Professional Account Services, Inc. et al

Filing 3

ORDER. The Class Action Complaint 1 is DISMISSED without prejudice. Plaintiff Eliajalyn Nazario may file an amended complaint that properly alleges federal jurisdiction no later than November 4, 2016. Failure to timely file an amended complaint will result in this matter being closed. Signed by Judge Sheri Polster Chappell on 10/24/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ELIAJALYN NAZARIO, individually and
on behalf of all others similarly situated
Plaintiff,
v.

Case No: 2:16-cv-772-FtM-99MRM

PROFESSIONAL ACCOUNT
SERVICES, INC. and PRIME
HEALTHCARE SERVICES LEHIGH ACRES, LLC,
Defendants.
/
ORDER1
This matter comes before the Court upon sua sponte review of the Class Action
Complaint (Doc. #1) filed on October 18, 2016. Eliajalyn Nazario (Nazario) brings this
case against Defendants based upon 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

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Cir. 2007). Federal courts are courts of limited jurisdiction and are obligated to inquire
about jurisdiction sua sponte whenever it may be lacking. See Kokkonen v. Guardian Life
Ins. Co. of Am., 511 U.S. 375, 377 (1994); Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d
405, 410 (11th Cir. 1999) (citations omitted). A class action can be maintained only if it
complies with the requirements of the jurisdictional statute under which it is brought.2 7A
Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure
§ 1755 (Civil 3d 2005).
Here, Nazario failed to properly indicate Defendant Prime Healthcare ServicesLehigh Acres, LLC’s citizenship. Instead, Plaintiff merely states Defendant “is a for profit
agency with its principal place of business at 3300 Guasti Road, 3 rd Floor, Ontario, CA
91761.” (Doc. #1, at ¶7). 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-FtM29DNF, 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
Plaintiff 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 Professional Account Services, Inc.’s
(Professional) citizenship are ambiguous. That is, Plaintiff alleges Professional “is a
collection agency with its principal place of business at 4000 Meridian Blvd, Franklin, TN

To the extent Plaintiff brings this case pursuant to the Class Action Fairness Act (CAFA),
CAFA provides federal courts with jurisdiction over class actions provided Plaintiff alleges: the
number of plaintiffs in all proposed plaintiff classes exceeds one hundred, § 1332(d)(5)(b); any
member of the plaintiff class is diverse from any defendant, § 1332(d)(2); and the aggregate of
the claims of individual class members exceeds $5,000,000, exclusive of interests and costs. §
1332(d)(2), (6). Lowery v. Alabama Power Co., 483 F.3d 1184, 1194 (11th Cir. 2007).
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37067.” (Doc. #1, at ¶6). 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). Here,
Plaintiff fails to plead Professional’s state of incorporation.
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 Nazario to file an
amended complaint that properly alleges the Court’s jurisdiction.
Accordingly, it is now
ORDERED:
The Class Action Complaint (Doc. #1) is DISMISSED without prejudice. Plaintiff
Eliajalyn Nazario may file an amended complaint that properly alleges federal jurisdiction
no later than November 4, 2016. Failure to timely file an amended complaint will result
in this matter being closed.
DONE and ORDERED in Fort Myers, Florida this 23rd day of October, 2016.

Copies: All Parties of Record

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