Chemical Bank v. Liegeois et al

Filing 9

ORDER. Plaintiff's Complaint 1 is DISMISSED without prejudice. Plaintiff may file an amended complaint that properly alleges federal jurisdiction no later than December 14, 2016. Failure to timely file an amended complaint will result in this matter being closed. Signed by Judge Sheri Polster Chappell on 12/7/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CHEMICAL BANK,
Plaintiff,
v.

Case No: 2:16-cv-862-FtM-99MRM

JUDITH A. LIEGEOIS and
FINEMARK NATIONAL BANK &
TRUST,
Defendants.
/
ORDER1
This matter comes before the Court on review of the Complaint (Doc. #1) filed on
November 18, 2016. Plaintiff Chemical Bank brings this case against Judith A. Liegeois
individually and FineMark National Bank & Trust 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). The Court is satisfied that the amount in controversy is met.

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Plaintiff alleges that it is a Michigan state-charted bank with its principal office in
Michigan. (Doc. #1, ¶ 2). “All national banking associations shall, for the purposes of all
other actions by or against them, be deemed citizens of the States in which they are
respectively located.” 28 U.S.C. § 1348. For diversity jurisdiction purposes, a national
bank is a citizen of the State designated in its articles of association as its main office.
Wachovia Bank, N.A. v. Schmidt, 546 U.S. 303, 318 (2006). Plaintiff does not allege the
location of its main office as designated in its articles of incorporation. Likewise, Plaintiff
alleges that defendant FineMark National Bank & Trust is a national bank headquartered
in Fort Myers, Florida. (Doc. #1, ¶ 2). Therefore, Plaintiff and FineMark’s citizenship are
insufficiently pled and no diversity of jurisdiction is alleged. The Court will dismiss the
complaint without prejudice for lack of subject-matter jurisdiction but allow Chemical Bank
to file an amended complaint that properly alleges the Court’s jurisdiction. See 28 U.S.C.
§ 1653.
Accordingly, it is now
ORDERED:
Plaintiff’s Complaint (Doc. #1) is DISMISSED without prejudice. Plaintiff may file
an amended complaint that properly alleges federal jurisdiction no later than December
14, 2016. Failure to timely file an amended complaint will result in this matter being
closed.
DONE and ORDERED in Fort Myers, Florida this 7th day of December, 2016.

Copies: All Parties of Record

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