Golden v. Jericho All-Weather Opportunity Fund, LP et al

Filing 5

ORDER Requiring Amended Complaint re 1 Complaint, filed by Paul Golden, (Amended Complaint due by 9/7/2017.) Signed by Judge Robert N. Scola, Jr on 8/28/2017. (kpe)

United States District Court
for the
Southern District of Florida
Paul Golden, Plaintiff,
v.
Jericho All-Weather Opportunity
Fund, LP, and others, Defendants.

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Civil Action No. 17-23241-Civ-Scola
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Order Requiring Amended Complaint
Federal courts are obligated to conduct a preliminary examination of the
record to determine that jurisdiction exists. Kelly v. Harris, 331 F.3d 817, 819
(11th Cir. 2003). In reviewing the record, the Court is uncertain whether it has
subject matter jurisdiction over this action. A party seeking to invoke a federal
court’s diversity jurisdiction must allege “facts” that show that federal subject
matter jurisdiction exists. Travaglio v. Am. Express Co., 735 F.3d 1266, 1268
(11th Cir. 2013). “Those allegations, when federal jurisdiction is invoked based
upon diversity, must include the citizenship of each party, so that the court is
satisfied that no plaintiff is a citizen of the same state as any defendant.” Id.
In the Eleventh Circuit, the citizenship of a limited liability company is
determined, for diversity purposes, by the citizenship of all the members
composing the entity. Rolling Greens MHP v. Comcast SCH Holdings, LLC, 374
F.3d 1020, 1021–22 (11th Cir. 2004). A limited liability company is a citizen of
any state of which a member is a citizen. Id. at 1022. To sufficiently allege the
citizenship of a limited liability company, a party must list the citizenship of all
the members of the limited liability company. Id. Additionally, “a limited
partnership is a citizen of each state in which any of its partners, limited or
general, are citizens.” Id. at 1021.
Here, the Plaintiff has failed to allege the citizenship of all members of
Defendant SRKD Management, LLC, and has failed to allege the citizenship of all
partners of Defendant Jericho All-Weather Opportunity Fund, LP. Thus, the
Court is unable to ascertain whether complete diversity exists. Accordingly, the
Plaintiff must file an amended complaint which adequately alleges federalsubject-matter jurisdiction by September 7, 2017. If the Plaintiff fails to file an
amended complaint by that date or the amended complaint fails to provide the
facts necessary to establish jurisdiction, the Court will dismiss this case due to
lack of subject-matter jurisdiction.

Done and ordered, at Miami, Florida, on August 28, 2017.
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Robert N. Scola, Jr.
United States District Judge