Mela Properties v. Certain Underwriters at Lloyd's of London
Filing
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ORDER dismissing case.Plaintiff Mela Properties, LLC's Complaint (Doc. 1 ) is DISMISSED without prejudice. Mela may file an amended complaint consistent with this Order on or before June 19, 2018. Failure to do so will result in the Court closing this case. Signed by Judge Sheri Polster Chappell on 6/12/2018. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MELA PROPERTIES, LLC,
Plaintiff,
v.
Case No: 2:18-cv-404-FtM-99CM
CERTAIN UNDERWRITERS AT
LLOYD’S OF LONDON,
Defendant.
/
ORDER1
This matter comes before the Court on sua sponte review of Mela Properties,
LLC’s Complaint filed on June 11, 2018. (Doc. 1). Mela brings this action against
Defendant Certain Underwriters at Lloyd’s of London for a declaratory judgment and
breach of contract. Mela cites diversity jurisdiction as the basis for the Court’s subject
matter jurisdiction.
Because federal courts have limited jurisdiction, they are “obligated to inquire into
subject matter jurisdiction sua sponte whenever it may be lacking.” Univ. of S. Ala. v. Am.
Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999). In an action filed directly in federal
court, the plaintiff must plead and prove jurisdiction. See King v. Cessna Aircraft Co., 505
F.3d 1160, 1170 (11th Cir. 2007). Federal courts have diversity jurisdiction over a matter
if the amount in controversy exceeds $75,000, exclusive of interest and costs, and there
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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 is problematic.
A limited liability company, like Mela, is a citizen of every state in which one of its
members is located. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.
3d 1020 (11th Cir. 2004). Each member of the LLC must be diverse from the opposing
party. See Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005). In the Complaint, Mela
alleges that it is “a Limited Liability Company residing in and/or otherwise authorized to
transact business within the State, including, without limitation, Naples, Collier County,
Florida.” (Doc. 1 at ¶ 3). This allegation falls short of telling the Court the domicile of
Mela’s individual members. See McCormick v. Aderholt, 293 F.3d 1254, 1257 (11th Cir.
2002) (stating an individual is a citizen where he is domiciled, not necessarily where he
is a resident).
Without allegations on domiciles of Mela’s members, Mela has not
adequately pled diversity of citizenship.
Mela’s allegation on Underwriters’ citizenship fares no better. Mela only alleges
that “Underwriters conducts the business of insurance within the State of Florida,
including, without limitation, Naples, Collier County, Florida.” (Doc. 1 at ¶ 4). This
allegation gives no insight into Underwriters’ citizenship for purposes of diversity
jurisdiction. See, e.g., 28 U.S.C. § 1332(c)(1).
Because Mela has not sufficiently pled each party’s citizenship, the Court lacks
subject matter jurisdiction over this case. The Court thus dismisses the Complaint without
prejudice.
Accordingly, it is now
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ORDERED:
(1) Plaintiff Mela Properties, LLC’s Complaint (Doc. 1) is DISMISSED without
prejudice.
(2) Mela may file an amended complaint consistent with this Order on or before
June 19, 2018. Failure to do so will result in the Court closing this case.
DONE and ORDERED in Fort Myers, Florida this 12th day of June 2018.
Copies: All Parties of Record
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