Stelor Productions, v. Silvers

Filing 80

FINAL ORDER OF DISMISSAL WITHOUT PREJUDICE & CLOSE OUT ( Signed by Judge Daniel T. K. Hurley on 10/04/05) [EOD Date: 10/5/05] (rb, Deputy Clerk)

Case 9:05-cv-80393-DTKH

Document 80

Entered on FLSD Docket 10/05/2005

Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORID A CASE NO. 05-80393-CIV-HURLEY STELOR PRODUCTIONS, LLC ., f/k/a STELOR PRODUCTIONS, INC . Plaintiff, vs. STEVEN A. SILVERS , Defendant .

CLOSED CAS E

FINAL ORDER OF DISMISSAL WITHOUT PREJUDICE & CLOSE OUT THIS CAUSE is before the court sua sponte for consideration of its subject matte r jurisdiction . This court previously granted defendant's motion to dismiss the case without prejudice for failure to allege sufficient facts to establish the asserted diversity jurisdiction of the court, and in particular, the citizenship of the plaintiff limited liability company . [DE# 67] That dismissal was entered without prejudice for plaintiff to re-file its complaint to specifically identify its members and sub-members by name and place of citizenship . Plaintiff has since filed response to that order, advising that a sub-member of one of its members in fact resides in the State of Florida, consequently defeating the diversity jurisdiction of the court. It is accordingly now apparent that this court lacks subject matter jurisdiction over this controversy.

1

Case 9:05-cv-80393-DTKH

Document 80

Entered on FLSD Docket 10/05/2005

Page 2 of 2

It is therefore ORDERED and ADJUDGED : 1 . This case is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction, with the court reserving jurisdiction to tax fees and costs in favor of the defendant, who shall have TWENTY (20) DAYS from entry of this order within which to file such motion, if any . 2 . The plaintiff's motion to transfer the action to the division of the Honorable Judge Ryskamp for consolidation with the pending matter of Steven A . Silvers v Google, Inc ., Case No . 05-80387-Civ-Ryskamp [DE# 74] is DISMISSED for lack of jurisdiction . 3 . There being nothing further for the court to do, the clerk of the court shall CLOSE this case and DENY any other pending motions as MOOT . DONE and SIGNED in Chambers in West Palm Beach, Florida this October, 2005 . 4' y of

copies to : Kevin Kapl an , Esq . Adam T . Rabin, Esq. Kenneth R . Hartmann, Esq .

2