Pro Music Rights, Inc et al v. Goldman

Filing 6

ORDERED: Plaintiffs' Amended Complaint (Doc. #5) is DISMISSED without prejudice. The Clerk shall enter judgment accordingly, terminate all remaining deadlines and motions, and close the file. Signed by Judge Sheri Polster Chappell on 2/17/2021. (AEH)

Case 2:21-cv-00092-SPC-MRM Document 6 Filed 02/17/21 Page 1 of 3 PageID 46

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PRO MUSIC RIGHTS, INC and
JAKE P NOCH,
Plaintiffs,
v.

Case No: 2:21-cv-92-SPC-MRM

MILES A GOLDMAN,
Defendant.
/
OPINION AND ORDER1
Before the Court is a sua sponte review of the file. Plaintiffs Pro Music
Rights, Inc. and Jake P. Noch bring this diversity action against Miles A.
Goldman. For this Court to have jurisdiction, Plaintiffs must show the parties
are completely diverse with an amount in controversy exceeding $75,000. 28
U.S.C. § 1332(a); Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546,
552 (2005).

The Court previously dismissed without prejudice Plaintiffs’

complaint for lack of jurisdiction. (Doc. 4).
In the amended complaint, Plaintiffs allege “Defendant Miles Austin
Goldman is an individual, who is a resident of the State of Georgia, and is

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Case 2:21-cv-00092-SPC-MRM Document 6 Filed 02/17/21 Page 2 of 3 PageID 47

currently residing at 3060 Water Brook Dr. Conyers, Georgia 30094.” (Doc. 5
at 4, ¶ 17). This fails to establish jurisdiction. To be a citizen of a state under
the diversity provision, a natural person must be a citizen of the United States
and a domiciliary of a state. Las Vistas Villas, S.A., v. Petersen, 778 F. Supp.
1202, 1204 (M.D. Fla. 1991).

A person is not necessarily a citizen of, or

domiciled in, the state in which he resides at any given moment. Mississippi
Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989). Plaintiffs must
allege diversity of citizenship, not just residency. See Taylor v. Appleton, 30
F.3d. 1365, 1367 (11th Cir. 1994) (“Citizenship, not residence, is the key fact
that must be alleged in the complaint to establish diversity for a natural
person.”). By only alleging Goldman resides in Georgia and failing to allege
what state Goldman is a citizen of, Plaintiffs do not establish jurisdiction.
The Court allowed Plaintiffs a chance to amend their complaint. (Doc. 4).
The Eleventh Circuit has stated litigants must be afforded one chance to
amend their complaint before the Court dismisses the action. See Bryant v.
Dupree, 252 F.3d 1161, 1163 (11th Cir. 2001). The Court need not provide
Plaintiffs another chance to amend their complaint and will dismiss the case.
Accordingly, it is now
ORDERED:
1. Plaintiffs’ Amended Complaint (Doc. 5) is DISMISSED without
prejudice.

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2. The Clerk shall enter judgment accordingly, terminate all remaining
deadlines and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida on February 17, 2021.

Copies: All Parties of Record

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