Arcadia Development LLC v. Winn-Dixie Stores, Inc. et al

Filing 10

ORDER re 1 Complaint filed by Arcadia Development LLC. The Complaint (Doc. 1 ) is DISMISSED without prejudice. Plaintiff Arcadia Development LLC has up to and including October 25, 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 10/17/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ARCADIA DEVELOPMENT LLC,
Plaintiff,
v.

Case No: 2:17-cv-552-FtM-99MRM

WINN-DIXIE STORES, INC. and
WINN-DIXIE STORES LEASING, LLC,
Defendants.
/
ORDER1
This matter comes before the Court on sua sponte review of Plaintiff Arcadia
Development LLC’s Complaint. (Doc. 1). Arcadia brings this breach of contract suit
against Defendants Winn-Dixie Stores, Inc. and Winn-Dixie Stores Leasing, LLC, citing
diversity jurisdiction as the basis for this Court’s subject matter jurisdiction. (Doc. 1).
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). In an action filed directly in federal court, a plaintiff
bears the burden of adequately pleading, and ultimately proving jurisdiction. See King v.

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Cessna Aircraft Co., 505 F.3d 1160, 1170 (11th Cir. 2007). Federal courts have original
jurisdiction over a matter 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, Arcadia fails to plead adequately diversity of citizenship.
A limited liability company (“LLC”), like Arcadia and Winn-Dixie Stores Leasing, is
a citizen of every state in which one of its members is located. See Rolling Greens MHP,
L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004); Each
member of the LLC must be diverse from the plaintiff. See Lincoln Prop. Co. v. Roche,
546 U.S. 81, 89 (2005). Here, Arcadia merely alleges that its principle place of business
is in Ohio and that Winn-Dixie Stores Leasing’s principle place of business is in Florida.
(Doc. 1 at ¶¶ 2-3). But it fails to allege where the members of both business are domiciled.
See generally 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).
Without such allegations, Arcadia has not adequately pleaded diversity of citizenship.
The Court thus lacks subject matter jurisdiction over this case.
Accordingly, it is now
ORDERED:
The Complaint (Doc. 1) is DISMISSED without prejudice.

Plaintiff Arcadia

Development LLC has up to and including October 25, 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.

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DONE and ORDERED in Fort Myers, Florida this 17th day of October 2017.

Copies: All Parties of Record

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