Roaring Fork 2, LLC v. American States Insurance Company

Filing 8

ORDER denying without prejudice 3 motion to stay. On or before Tuesday, June 6, 2017, Defendant is DIRECTED to submit documentation identifying each member of Plaintiff Roaring Fork 2, LLC, and asserting their respective citizenship. Signed by Judge Roy B. Dalton, Jr. on 5/23/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ROARING FORK 2, LLC,
Plaintiff,
v.

Case No. 6:17-cv-877-Orl-37GJK

AMERICAN STATES INSURANCE
COMPANY,
Defendant.
_____________________________________
ORDER
Plaintiff initiated this action in state court on April 12, 2017, asserting that
Defendant breached an insurance policy by denying its claim for covered property
damage. (Doc. 2.) Defendant subsequently removed the action to this Court on grounds
of diversity jurisdiction. (Doc. 1.) However, upon review of the Notice of Removal, the
Court is unable to determine whether there is complete diversity between the parties, as
Defendant has failed to properly allege Plaintiff’s citizenship.
Importantly, Plaintiff is a limited liability company (“LLC”). For purposes of
diversity jurisdiction, the citizenship of an “unincorporated entity generally depends on
the citizenship of all the members composing the organization.” Rolling Greens MHP, L.P.
v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1021 (11th Cir. 2004) (citing Carden v.
Arkoma Assocs., 494 U.S. 185, 195–96 (1990)). Thus, an LLC is a citizen of any state where
one or more of its members is a citizen. See id. Here, Defendant has alleged only that:
(1) Plaintiff’s managing member is a Florida citizen; and (2) all of Plaintiff’s members are
-1-

Florida citizens. (Doc. 1, ¶ 8.) However, to assure itself of its jurisdiction, this Court
requires Defendant to identify each member of the LLC and allege their citizenship
individually.
In addition, Defendant has moved to stay the action pending the completion of a
neutral evaluation of the property at issue. 1 (Doc. 3 (“Motion to Stay”).) Hence Defendant
was required to comply with the meet-and-confer requirement set forth in Local
Rule 3.01(g) before filing such motion. Because it did not, the Court finds that the Motion
to Stay is due to be denied without prejudice for noncompliance with the Local Rules.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

On or before Tuesday, June 6, 2017, Defendant is DIRECTED to submit
documentation identifying each member of Plaintiff Roaring Fork 2, LLC,
and asserting their respective citizenship.

2.

American States Insurance Company’s Notice of Automatic Stay Pending
Completion of Neutral Evaluation (Doc. 3), which the Court construes as a
motion to stay, is DENIED WITHOUT PREJUDICE for noncompliance
with Local Rule 3.01(g).

DONE AND ORDERED in Chambers in Orlando, Florida, on May 23, 2017.

Though Defendant titled the document as a “notice,” it requests an Order staying
this action and is, therefore, an application for relief. (See Doc. 3, p. 2.)
1

-2-

Copies to:
Counsel of Record

-3-