Red Fit, LLC et al v. Red Effect International Franchise, LLC et al

Filing 28

OPINION and ORDER Dismissing Amended Complaint Without Prejudice for Lack of Diversity Jurisdiction. Signed by District Judge Linda V. Parker. (RLou)

Case 2:20-cv-12513-LVP-RSW ECF No. 28, PageID.2342 Filed 02/16/21 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RED FIT, LLC and
CALI RED, LLC,
Plaintiffs,
v.

Civil Case No. 20-12513
Honorable Linda V. Parker

RED EFFECT INTERNATIONAL
FRANCHISE, LLC,
RED EFFECT HOLDINGS, LLC,
RED EFFECT LA COUNTY, LLC,
RED EFFECT ORANGE COUNTY, LLC,
ALLIE MALLAD, CARLOS GUZMAN,
ERICA MALLAD, ROBERT VENDITTELLI,
and, CHELSIE BENDER,
Defendants.
______________________________________/
OPINION AND ORDER DISMISSING AMENDED COMPLAINT
WITHOUT PREJUDICE FOR LACK OF DIVERSITY JURISDICTION
On January 29, 2021, this Court issued an order requiring Plaintiffs to show
cause as to why this matter should not be dismissed for lack of subject matter
jurisdiction. (ECF No. 26.) While Plaintiffs alleged upon information and belief
in their pleadings that the parties are diverse for purposes of 28 U.S.C. § 1332 (see,
e.g., Compl. ¶ 13, ECF No. 1 at Pg ID 3), a statement of jurisdiction filed by
Defendants at the Court’s request reflects that diversity is lacking (ECF No. 25).
In response to the show cause order, Plaintiffs concede that the parties are not

Case 2:20-cv-12513-LVP-RSW ECF No. 28, PageID.2343 Filed 02/16/21 Page 2 of 2

diverse and that the Court therefore lacks subject matter jurisdiction over their
Complaint. (ECF No. 27.)
Accordingly,
IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiffs’
Amended Complaint is DISMISSED WITHOUT PREJUDICE and this matter is
CLOSED.
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: February 16, 2021