Dauphin et al v. GuideOne Mutual Insurance Company

Filing 6

ORDERED that on or before Thursday, November 3, 2016, Defendant is DIRECTED to file an amended notice of removal. Signed by Judge Roy B. Dalton, Jr. on 10/26/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DURCK DAUPHIN; and EGLISE
EVANGELIQUE BAPTISTE DE SION,
Plaintiffs,

v.

Case No. 6:16-cv-1839-Orl-37TBS

GUIDEONE MUTUAL INSURANCE
COMPANY,
Defendant.
ORDER
This cause is before the Court sua sponte. Upon review of the operative Complaint
and the Notice of Removal, the Court is unable to determine whether it has subject matter
jurisdiction over this case.
On September 28, 2016, Plaintiffs filed their Third Amended Complaint against
Defendant in state court, asserting claims for breach of contract and declaratory relief.
(Doc. 2 (“Complaint”).) That same day, Plaintiff Durck Dauphin (“Dauphin”) filed its
response to Defendant’s Request for Admissions (Doc. 1-3 (“Admissions”)). On
October 21, 2016, Defendant removed the action, invoking the Court’s diversity
jurisdiction pursuant to 28 U.S.C. § 1332. (Doc. 1 (“Notice of Removal”).)
In diversity cases, district courts have original jurisdiction over cases in which the
parties are completely diverse and the amount in controversy exceeds $75,000.
28 U.S.C. § 1332(a). Complete diversity requires that the citizenship of each plaintiff be
diverse from the citizenship of every defendant. Lincoln Prop. Co. v. Roche, 546 U.S. 81,

89 (2005). Upon removal, the defendant bears the burden of proving by a preponderance
of the evidence that jurisdiction exists, Williams v. Best Buy Co., 269 F.3d 1316, 1319
(11th Cir. 2001), and “all doubts about jurisdiction should be resolved in favor of remand
to state court.” See Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 411
(11th Cir. 1999).
Dauphin’s Admissions and the Notice of Removal sufficiently establish that:
(1) Dauphin is a citizen of Florida; (2) Defendant is a citizen of Iowa; and (3) the amount
in controversy is greater than $75,000. (Doc. 1, ¶¶ 12, 13, 16, 17; see also Docs. 1-2,
1-3.) However, Defendant has failed to establish the citizenship of Plaintiff Eglise
Evangelique Baptiste De Sion (“Eglise Church”). For purposes of diversity jurisdiction,
“a corporation shall be deemed to be a citizen of every State and foreign state by which
it has been incorporated and of the State or foreign state where it has its principal place
of business.” 28 U.S.C. § 1332(c). As such, Defendant’s reliance on the allegation in the
Complaint that Eglise Church is a “Florida not-for-profit corporation duly licensed to
conduct affairs in the State of Florida” is insufficient to establish citizenship. (Doc. 1,
¶ 15.) Rather, because Eglise Church is a corporation, Defendant must allege its state
of incorporation and principal place of business.
Accordingly, on or before Thursday, November 3, 2016, Defendant is DIRECTED
to file an amended notice of removal that sufficiently remedies the deficiency outlined in
this Order. Failure to timely file may result in remand without further notice.
IT IS SO ORDERED.
DONE AND ORDERED in Chambers in Orlando, Florida, on October 26, 2016.

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Copies:
Counsel of Record

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