RES-GA Four LLC v. Avalon Builders of GA LLC et al

Filing 23

ORDER to amend 1 Complaint. To determine whether there is subject-matter jurisdiction over this action, the Court gives the Plaintiff until 9/8/2011 to amend the complaint to clarify the citizenships of the Parties. Defendant Valorie Mitchell and the registered agent or an officer of each specially appearing Defendant shall be present at this hearing. The service of process issue will be addressed at the 09/09/11 hearing. Ordered by Judge Marc Thomas Treadwell on 8/29/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
RES-GA FOUR LLC,
Plaintiff,
v.
AVALON BUILDERS OF GA LLC, et al.,
Defendants.

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CIVIL ACTION NO. 5:10-CV-463 (MTT)

ORDER
The Defendants have filed a Motion to Dismiss pursuant to Fed. R. Civ. P.
12(b)(1) and (b)(5) for lack of subject-matter jurisdiction and insufficient service of
process.
The Plaintiff alleged it is a Florida limited liability company, Defendant Avalon
Builders is a Georgia limited liability company, Defendant Five Star Sale’s, Inc. is a
Georgia corporation, Defendant Five M Paints is a Georgia limited liability company,
and Defendant The Five M Family Limited Partnership is a Georgia limited partnership.1
Corporations are citizens in the states of their incorporation and their principal place of
business. 28 U.S.C. § 1332(c)(1). However, limited partnerships and limited liability
companies are citizens in the states where their partners and members, respectively,
are citizens. Rolling Greens MHP, L.P. v. Comcast SCH Holdings, L.L.C., 374 F.3d
1020, 1022 (11th Cir. 2004). The defendants contend primarily that the Plaintiff has not
alleged the citizenship of its members.

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Five M Paints and The Five M Family are not corporations, as alleged in the Amended Complaint.

To determine whether there is subject-matter jurisdiction over this action, the
Court gives the Plaintiff until September 8, 2011 to amend the complaint to clarify the
citizenships of the Parties. Defendant Valorie Mitchell and the registered agent or an
officer of each specially appearing Defendant shall be present at this hearing.
The service of process issue will be addressed at the September 9, 2011
hearing.
SO ORDERED, this the 29th day of August, 2011.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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