Battle v. Frog and the Hen Market and Eatery et al

Filing 9

ORDER ADOPTING the #6 REPORT AND RECOMMENDATIONS as the Court's opinion, overruling Plaintiff's Objections, dismissing this case, and closing this civil action. Signed by Chief Judge J. Randal Hall on 05/02/2022. (jlh)

Case 1:22-cv-00036-JRH-BKE Document 9 Filed 05/02/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

LISA BATTLE,

Plaintiff,
CV 122-036

V.

FROG AND THE HEN MARKET AND

EATERY and FROG HOLLOW

HOSPITALITY GROUP,INC.,
Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation, to which objections have been filed. (Doc. no. 8.)

Plaintiff argues she qualifies for diversity jurisdiction because Defendant Frog Hollow
Hospitality Group, Inc., owns restaurants in other states in addition to Georgia. (Id at 2.)
However, a corporation is "deemed to be a citizen of every State ... by which it has been
incorporated and of the State ... where it has its principal place of business." 28 U.S.C. §
1332(c)(1). Plaintiff has not shown Defendants are incorporated or have their principal places

of business in a state other than Georgia. See McCormick v. Aderholt. 293 F.3d 1254, 1257
(11th Cir. 2002)(party invoking court'sjurisdiction bears burden to prove federaljurisdiction);
Palmer v. Hosp. Auth. of Randolph Cntv.. 22 F.3d 1559, 1564 (11th Cir. 1994)("Diversity

Case 1:22-cv-00036-JRH-BKE Document 9 Filed 05/02/22 Page 2 of 2

jurisdiction, as a general rule, requires complete diversity—every plaintiff must be diverse
from every defendant."). This case does not qualify for diversity jurisdiction.

Accordingly, the Court OVERRULES the objections, ADOPTS the Report and
Recommendation ofthe Magistrate Judge as its opinion, DISMISSES this case, and CLOSES
this civil action.
/il

SO ORDERED this

^^day of

2022, at Augusta, Georgia.

J. RANDAL-^iMX,CHII^ JUDGE
UNITED^JATES DISTRICT JUDGE
■RN DISTRICT OF GEORGIA