Stelor Productions, v. Silvers

Filing 67

ORDER granting [19-1] motion to dismiss for lack of subject matter jurisdiction and standing ( Signed by Judge Daniel T. K. Hurley on 08/06/05) [EOD Date: 8/9/05] (rb, Deputy Clerk)

Case 9:05-cv-80393-DTKH

Document 67

Entered on FLSD Docket 08/09/2005

Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORID A CASE NO .05-80393-CIV-HURLE Y
C'TTT 1171 P"d-%11T T!''TTl1T Q T 1 1'' f/1 ./n T Cl s s 'I s i\/ s\ s \VLV\illV1\ U LLa_, II I

STELOR PRODUCTIONS, INC . plaintiff vs STEVEN A SILVERS, defendant . / ORDER GRANTING WITHOUT PREJUDICE DEFENDANT'S MOTION TO DISMIS S THIS CAUSE is before the cou rt on the defendant' s motion to dismiss for lack of subject matter ju ri sdiction [DE# 19] which questions whether the plaintiff, Stelor Productions LLC, a limited liability company, has adequately established a citizenship diverse from that of the

individual defend ant, Steven Silvers, a Florida resident . A limited liability company is a citizen of each state of which a member is a citizen . Rollings Greens MHP, L. P . v Comcast SCH Holdings, L .L .C., 374 F .3d 1020, 1022 (11th Cir . 2004) . If any of its members it itself a partnership or LLC, the citizenship of the LLC must be traced through however many layers of pa rtners or members there maybe . Mutual Assignment and Indemn. Co . v Lind -Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir . 2004) . In this case , plaintiff claims that all of its members are citizens of states other th an Flo ri da . In support of this proposition , it relies on the affidavit of Steven Esri g , which contains the conclusory allegation that none of the LLC' s members are citizens of the State of Flori da. In responding to the current motion to dismiss, plaintiff submits an unsworn exhibit which lists the 33 foreign jurisdictions in which its members purpo rtedly reside , without an y corresponding data identifying the individuals or other entities which comp ri se the membership roster .

A/0

Case 9:05-cv-80393-DTKH

Document 67

Entered on FLSD Docket 08/09/2005

Page 2 of 2

Because the record is devoid of evidence from which the citizenship of the members of the plaintiff LLC might be traced, the court concludes that plaintiff has failed to prove --or even meaningfully address -- whether Stelor Productions LLC is a citizen of Florida and thus fails t o
l : i l I 1 v 11%' nl IrlnPrl AT 4 4 . ..1.7 :_ .-._-- -.. '' .

avi

.i VIt:c

lYLLYL-, i .r . V

Comcast SCH Holdings, L .L. C. ; Jones v Honeywell Int'l Inc ., 2005 WL 1669480 * 4 n. 2 (M .D . Fla . July 14, 2005); Marshall Construction L .L . C. v Climastor IV, L .L. C., 2005 WL 1364942 (M .D . Ala . June 8, 2005 ) . It is therefore ORDERED AND ADJUDGED : 1 . The defendant ' s motion to dismiss [DE # 19 ] is GRANTED . 2 . This order is without prejudice for plaintiff to file , within TEN (10) DAYS from date of this order, an amended complaint which identifies each member of the plaintiff limited liability company by name and place of citizenship , together with other supplementary evidentia ry submissions designed to establish the $75, 000 .00 ju risdictional threshold of this court . Plaintiff is specifically directed in this regard to supplement the record with evidentia ry predicate in suppo rt of its asse rtion that the value of injunctive relief sought exceeds the $75,000 .00 jurisdictional threshold of this court . See Ericcsoon GE Mobile Communications , Inc v Motorola Comm ., 12 0 F .3d 216 (11th Cir . 1997) . DONE AND ORDERED in Chambers at West Palm Beach , Flori da this August, 2005 . ea f1 /

cc . Kevin C . Kaplan, Esq . Kenneth Hartmann, Esq . Adam T . Rabin, Esq.
For updated court information, visit unofficial Web site at http://us .geocities .com/uscts