Prime Insurance Company v. Medicab Transportation, LLC et al

Filing 5

ORDERED: The Complaint (Doc. #1) is DISMISSED without prejudice. On or before May 17, 2024, Plaintiff must file an amended complaint consistent with this order. Failure to comply could result in dismissal without further notice. Signed by Judge Sheri Polster Chappell on 5/10/2024. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PRIME INSURANCE COMPANY,
Plaintiff,
v.

Case No.: 2:24-cv-421-SPC-KCD

MEDICAB TRANSPORTATION,
LLC, JASON RHODES, DALE
JOHNSON and ESTATE OF
MARGARET ST. AUBIN,
Defendants.
/
OPINION AND ORDER
This matter comes before the Court after sua sponte review of the
Complaint (Doc. 1). The Court is “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). Because Plaintiff’s allegations
of diversity jurisdiction are inadequate, the Court dismisses the complaint
without prejudice.
Plaintiff invokes the Court’s diversity jurisdiction. (Doc. 1 ¶ 1). Federal
courts have diversity jurisdiction over civil actions where there is complete
diversity of citizenship between the parties and the amount in controversy
exceeds $75,000, exclusive of interest and costs. See 28 U.S.C. § 1332(a).

Plaintiff’s complaint struggles with the citizenship of the two business entity
parties—Prime Insurance Company and Medicab Transportation.
Plaintiff alleges that Prime Insurance Company is a “foreign corporation
under the laws of the State of Utah.” (Doc. 1 ¶ 2). But this allegation gives
the Court only half of the information needed to determine Prime’s citizenship.
“Corporations are ‘citizens’ for diversity purposes wherever they are
incorporated and have their principal place of business.” Molinos Valle Del
Cibao, C. por A. v. Lama, 633 F.3d 1330, 1346 (11th Cir. 2011) (citing 28 U.S.C.
§ 1332(c)(1)). So Plaintiff must allege Prime’s principal place of business.
Plaintiff alleges that Medicab Transportation is a “Florida corporation
with its principal place of business in Lee County, Florida.” (Doc. 1 ¶ 3).
Considered alone, this allegation appears sufficient. But the complaint caption
names “MEDICAB TRANSPORTATION, LLC.”

(Doc. 1).

Plaintiff must

straighten out whether Medicab is a corporation or an LLC. This is important
because the test for LLC citizenship differs from the one for corporations. An
LLC “is a citizen of any state of which a member of the company is a citizen.”
Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020,
1022 (11th Cir. 2004).
Accordingly, it is now
ORDERED:
1. The Complaint (Doc. 1) is DISMISSED without prejudice.
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2. On or before May 17, 2024, Plaintiff must file an amended complaint
consistent with this order. Failure to comply could result in
dismissal without further notice.
DONE and ORDERED in Fort Myers, Florida on May 10, 2024.

Copies: All Parties of Record

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