Exppha, LLC v. Kepro Acquistions, Inc.

Filing 3

ORDER to show cause by written response why this action should not be remanded to state court for want of subject matter jurisdiction. Defendant shall file a written response to this show cause order before January 4, 2012, at 5:00 p.m. Failure to timely respond may result in remand without further notice. Signed by Judge Roy B. Dalton, Jr. on 1/2/2013. (RMN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
EXPPHA, LLC f/k/a PREFERRED
PHYSICIANS HEALTHCARE
ALLIANCE, L.C.,
Plaintiff,
vs.

Case No. 6:12-cv-1928-Orl-37GJK

KEPRO ACQUISITIONS, INC.,
Defendant.
ORDER
This cause is before the Court on its own motion. Plaintiff commenced this action
in state court. Defendant removed to federal court, alleging that the requirements of this
Court’s diversity jurisdiction were satisfied. (Doc. 1.) More specifically, Defendant
contends that Plaintiff is a Florida corporation with a principle place of business in
Miramar, Florida. (Id.) The allegations in the complaint and the documents attached to
the removal papers make clear, however, that Plaintiff is a limited liability company, not
a corporation. (Docs. 1, 2.)
For the purposes of diversity jurisdiction, the citizenship of a limited liability
company is determined by the citizenship of its members. See Rolling Greens MHP,
L.C. v. Comcast SCH Holdings, L.L.C., 374 F.3d 1020, 1287 (11th Cir. 2004). A limited
liability company is a citizen of any state where one or more of its members is a citizen.
Id. Neither the Complaint nor the removal papers provide allegations regarding the
citizenship of Plaintiff’s members. Therefore, Defendant failed to show on removal that
the requirements of subject matter jurisdiction are satisfied by Plaintiff’s claims.

Accordingly, it is hereby ORDERED and ADJUDGED that Defendant shall show
cause by written response why this action should not be remanded to state court for
want of subject matter jurisdiction. Defendant shall file a written response to this show
cause order before January 4, 2012, at 5:00 p.m. Failure to timely respond may result in
remand without further notice.
DONE AND ORDERED in Chambers in Orlando, Florida, on January 2, 2013.

Copies:
Counsel of Record

2