Munoz et al v. Sanchez

Filing 5

ORDER dismissing case. The Complaint 1 is DISMISSED without prejudice. Plaintiffs have up to and including September 14, 2017, to file an amended complaint that properly alleges this Court's subject matter jurisdiction. Failure to do so will result in this case being dismissed without further notice. Signed by Judge Sheri Polster Chappell on 8/30/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
HOMERO MUNOZ, JR., YESENIA
GONZALEZ, individually, and as next of
friend to N.M. and A.M.,
Plaintiffs,
v.

Case No: 2:17-cv-478-FtM-38CM

FRANKIE SANCHEZ d/b/a F
SANCHEZ TRUCKING
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on sua sponte review of the Complaint. (Doc.
1). Plaintiffs bring this negligence suit against Frankie Sanchez d/b/a F Sanchez Trucking
for injuries they sustained while passengers in a tractor-trailer driven by Sanchez.
Plaintiffs cite diversity jurisdiction as the basis for this Court’s subject matter jurisdiction.
(Doc. 1 at ¶ 3).
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,

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410 (11th Cir. 1999) (citations omitted). In an action filed directly in federal court, a plaintiff
bears the burden of adequately pleading, and ultimately proving jurisdiction. See King v.
Cessna Aircraft Co., 505 F.3d 1160, 1170 (11th Cir. 2007). Federal courts have original
jurisdiction over a case if the amount in controversy exceeds $75,000, exclusive of
interest and costs, and there is complete diversity of citizenship among the parties. See
28 U.S.C. § 1332(a); Morrison v. Allstate Indem. Co., 228 F.3d 1255, 1261 (11th Cir.
2000). Here, the diversity of citizenship prong poses a jurisdictional hurdle.
As best the Court can tell, Plaintiffs are suing Frankie Sanchez in his corporate
capacity. But they merely allege that Sanchez resides in Immokalee, Florida. (Doc. 1 at
¶¶ 2, 4). This is insufficient. See, e.g., 28 U.S.C. § 1332(c)(1) (stating “a corporation
shall be deemed to be a citizen of every State and foreign state by which it has been
incorporated and of the State or foreign state where it has its principal place of business”);
Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th
Cir. 2004) (stating a limited liability company is a citizen of every state in which one of its
members is located). And even if Plaintiffs are suing Sanchez in his individual capacity,
residence is not per se sufficient to establish domicile. See McCormick v. Aderholt, 293
F.3d 1254, 1257 (11th Cir. 2002) (stating that an individual is a citizen where he is
domiciled, not necessarily where he is a resident).

Because Plaintiffs have not

adequately pleaded diversity of citizenship, the Court lacks subject matter jurisdiction.
Accordingly, it is now
ORDERED:
The Complaint (Doc. 1) is DISMISSED without prejudice. Plaintiffs have up to
and including September 14, 2017, to file an amended complaint that properly alleges

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this Court’s subject matter jurisdiction. Failure to do so will result in this case being
dismissed without further notice.
DONE and ORDERED in Fort Myers, Florida this 30th day of August, 2017.

Copies: All Parties of Record

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