Goncalves et al v. Nationstar Mortgage, LLC et al

Filing 5

ORDER dismissing the action because the plaintiffs fail to invoke the district court's diversity jurisdiction; directing the clerk to TERMINATE any pending motion and to CLOSE the case. Signed by Judge Steven D. Merryday on 4/25/2018. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
NATHAN GONCALVES, et al.,
Plaintiffs,
v.

CASE NO. 8:18-cv-641-T-23TGW

NATIONSTAR MORTGAGE, LLC,
et al.,
Defendants.
____________________________________/

ORDER
Alleging diversity jurisdiction under 28 U.S.C. § 1332(a), the plaintiffs sue
(Doc. 1) for negligence.* But the complaint alleges that Martha J. Cook shares
Florida citizenship with the plaintiffs. (Doc. 1 at 4)
In general, an allegation of complete diversity of citizenship is necessary to
invoke the diversity jurisdiction of a district court. Fritz v. American Home Shield Corp.,
751 F.2d 1152, 1153 (11th Cir. 1985). Complete diversity means that no defendant is
a citizen of the same state as any plaintiff. If any plaintiff and any defendant share
citizenship of the same state, the complaint fails to invoke the district court’s diversity
jurisdiction. Lykins v. Pointer, Inc., 725 F.2d 645, 648 (11th Cir. 1984).

*

Under 28 U.S.C. § 1332(a), a “district court[] [has] original jurisdiction of all civil actions
where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs,
and is between . . . citizens of different States.”

Because the plaintiffs fail to invoke the district court’s diversity jurisdiction,
this action is DISMISSED. The clerk is directed to terminate any pending motion
and to close the case.
ORDERED in Tampa, Florida, on April 25, 2018.

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