HANCOCK BANK v. TRIAD COLLECTIONS LLC et al

Filing 20

ORDER re 1 Complaint filed by HANCOCK BANK. ( Amended Complaint due by 3/21/2014.)If the plaintiff fails to file an amended complaint within the time permitted, the case will be dismissed for lack of jurisdiction. Signed by SENIOR JUDGE WILLIAM STAFFORD on 3/6/2014. (dlt)

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

HANCOCK BANK, a Mississippi banking
corporation,
Plaintiff,
v.

4:13cv683-WS

HURLEY H. BOOTH, JR., an individual,
et al.,
Defendants.

ORDER
In filing this foreclosure action, the plaintiff has invoked this court's
diversity jurisdiction without adequately alleging facts to support that jurisdiction.
For purposes of diversity jurisdiction, a limited liability company is a citizen
of each state of which a member of the company is a citizen. Accordingly, to
sufficiently allege diversity jurisdiction in a case involving a limited liability
company, a plaintiff must list the citizenships of all members of the limited liability
company. Rolling Greens MHP, L.P. v. Comcast Sch. Holdings LLC, 374 F.3d
1020, 1022 (11th Cir. 2004). The plaintiff has alleged no such thing in this case.

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Because the plaintiff's allegations are insufficient to establish that the court
has diversity jurisdiction over the action, it is ORDERED:
1. The plaintiff shall have until March 21, 2014, to amend its complaint to
adequately allege, if it can properly do so, that diversity jurisdiction over this
action lies in this court.
2. If the plaintiff fails to file an amended complaint within the time
permitted, the case will be dismissed for lack of jurisdiction.
DONE AND ORDERED this

6th

day of

March

, 2014.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE