Branch Banking and Trust Company v. Polycase Ammunition, LLC et al

Filing 15

ORDERED that Plaintiff is DIRECTED to file an amended complaint within 14 days from the date of this Order. Signed by Judge William T. Moore, Jr on 12/8/17. (loh)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

BRANCH BANKING AND TRUST

COiyiPANY,

Plaintiff,
CASE NO. CV417-179

V.

POLYCASE AMMUNITION, LLC;

U. S. DISTRICT COURT
Southern District of Qa.

FULSPEC INTERNATIONAL SECURITY

SOLUTIONS, LLC; PAUL C. LEMKE;

Filed In Office

and JOSHUA N. KELLER;
Defendants.

Deputy Clerk
ORDER

Plaintiff

Branch

Banking

and

Trust

Company

has

filed

a

complaint in this Court that seeks to enforce certain promissory
notes and personal guarantees executed by Defendants. (Doc. 1.)
In

the

complaint.

Plaintiff

attempts

to

invoke

this

Court's

diversity jurisdiction. (Id. 5 11.) However, the jurisdictional
allegations

contained

in

the

complaint

are

insufficient

to

establish complete diversity between the parties.

The
bears

the

party

invoking

burden

of

this

Court's

adequately

diversity

pleading

jurisdiction

complete

diversity

between the parties. See 28 U.S.C. § 1332; Ray v. Bird & Son S

Asset Realization Co., 519 F.2d 1081, 1082 (5th Cir. 1975)^ ("The

^ In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.
1981) (en banc), the Eleventh Circuit adopted as binding

precedent all decisions of the former Fifth Circuit handed down
prior to October 1, 1981.