Monday Restaurants LLC v. Intrepid Insurance Company et al

Filing 74

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, by May 7, 2021, plaintiffs shall each file an amended complaint in accordance with this memorandum.IT IS FURTHER ORDERED that if plaintiffs do not timely and fully comply withthis order, these matters will be dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that all other proceedings in these cases are STAYED pending further order of this Court. Amended/Supplemental Pleadings due by 5/7/2021. Signed by District Judge Stephen N. Limbaugh, Jr on 04/27/2021. (CMH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MONDAY RESTAURANTS LLC, on
behalf of itself and all others similarly
situated,
Plaintiff,
V.

INTREPID INS. CO.,
Defendant.

ANDREW DILL, DMD, AMY VARBLE,
DMD, AND MICHAEL WONG, DMD,
P .C., on behalf of itself and all others
similarly situated,

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Case No. 4:20 CV 767 SNLJ

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Plaintiff,
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TRI-STATE INS. CO. OF MINNESOTA,
Defendant.

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Case No. 4:20 CV 1015 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on review of the file.

The Eighth Circuit has

admonished district courts to "be attentive to a satisfaction of jurisdictional requirements
in all cases." Sanders v. Clemco Indus., 823 F.2d 214, 216 (8th Cir. 1987). "In every
federal case the court must be satisfied that it has jurisdiction before it turns to the merits
of other legal arguments." Carlson v. Arrowhead Concrete Works, Inc., 445 F.3d 1046,

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1050 (8th Cir. 2006). "A plaintiff who seeks to invoke diversity jurisdiction of the federal
courts must plead citizenship distinctly and affirmatively." 15 James Wm. Moore, et al.,
Moore's Federal Practice§ 102.31 (3d ed. 2010).
The complaints in these consolidated cases assert the Court has jurisdiction over the
actions pursuant to 28 U.S.C. § 1332(d)(2) because there is diversity between defendants
and at least one member of the class; there are more than one hundred members of the
class; and the amount in controversy in the class claims exceeds $5,000,000.
Plaintiff Monday Restaurants, LLC, is a Limited Liability Company ("LLC"). The
Eighth Circuit has held that unincorporated entities such as LLCs are citizens of every state
of which any member is a citizen. See GMAC Commercial Credit, LLC v. Dillard Dep't
Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004). Thus, for an LLC party, the Court must
examine the citizenship of each member of the LLC to determine whether diversity
jurisdiction exists. Plaintiff Monday alleges it is a Missouri limited liability company with
its principal place of business in Missouri. The information plaintiff alleges is insufficient
for the Court to examine th~ citizenship of each of its members.
A corporation is a citizen of the states where it has its place of incorporation and its
principal place of business. See E3 Biofuels, LLC v. Bio thane, LLC, 781 F .3d 972, 97 5
(8th Cir. 2015); Sanders, 823 F.2d at 216. "Where the plaintiff fails to state the place of
incorporation or the principal place of business of a corporate party, the pleadings are
inadequate to establish diversity." Sanders, 823 F.2d at 216 (quotation marks omitted).
Both plaintiff Monday and plaintiff Dill name corporate party defendants, and plaintiff Dill

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itself alleges it is a professional corporation, but neither plaintiff properly and clearly
alleges both the place of incorporation and principal place of business of corporate parties.
The Court must ensure it has subject matter jurisdiction over these matters before
addressing defendants' motions to dismiss. Accordingly, both plaintiffs must file amended
complaints in accordance with this memorandum, clearly alleging the citizenship of each
party. If plaintiffs do so and establish subject matter jurisdiction, each party can file
motions renewing t4eir respective motions to dismiss and briefing in support or their
briefing in opposition.
Accordingly,

IT IS HEREBY ORDERED that, by May 7, 2021, plaintiffs shall each file an
amended complaint in accordance with this memorandum.

IT IS FURTHER ORDERED that if plaintiffs do not timely and fully comply with
this order, these matters will be dismissed for lack of subject matter jurisdiction.

IT IS FURTHER ORDERED that all other proceedings in these cases are
STAYEO pending further order of this Court.
Dated this

;l 74_ day of /},~; ( , 2021.

SENJOR UNITED STATES DISTRICT JUDGE

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