Kernan v. Lowe's Home Centers, LLC

Filing 11

ORDER denying 4 motion to dismiss; defendant shall file answer to complaint by 3/31/2015 and, by the same date, file amended certificate of interested parties to include LLC members. Signed by Judge Timothy J. Corrigan on 3/10/2015.(SRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

TRACY A. KERNAN,
Plaintiff,
vs.

Case No. 3:14-cv-1483-J-32JBT

LOWE’S HOME CENTERS, LLC, etc.,
Defendant.

ORDER
Upon review, the Court finds plaintiff’s complaint satisfies the pleading standards
required by Rule 8 of the Federal Rules of Civil Procedure. Through discovery, the parties
can determine which of three Lowe’s stores in Duval County allegedly sold the grill brush.
See Doc. 2 (plaintiff’s complaint) at ¶ 4 (referencing three Lowe’s retail stores). Defendant’s
motion to dismiss (Doc. 4) is denied. See ABB Turbo Systems AGA v. Turbousa, Inc., 774
F.3d 979, 984 (11th Cir. 2014) (“Federal Rules of Civil Procedure Rule 8(a)(2) and Rule
12(b)(6) together establish a notice-pleading standard” that is satisfied “by the presence of
factual allegations making relief under the governing law plausible, not merely speculative.”)
(quotations and citations omitted). Defendant shall file its answer to plaintiff’s complaint no
later than March 31, 2015.
By that same date, defendant shall file an amended certificate of interested parties
that shall include the names and citizenship of each of its members so the Court can be
assured that it has subject matter jurisdiction. See Rolling Greens MHP, L.P. v. Comcast
SCH Holdings, L.L.C., 374 F.3d 1020 (11th Cir. 2004) (holding that the citizenship of limited

liability companies depends on the citizenship of each member).
DONE AND ORDERED at Jacksonville, Florida this 10th day of March, 2015.

s.
Copies:
counsel of record

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