Vision One Enterprise, LLC v. Wall Street Sweepers, LLC et al

Filing 6

MEMORANDUM AND ORDER - IS IT HEREBY ORDERED that within seven (7) days of the date of this Order, plaintiff Vision One Enterprise, LLC, shall file an amended complaint that properly alleges this Court's subject-matter jurisdiction. Failure to timely comply with this Order may result in this action being dismissed without prejudice for lack of subject-matter jurisdiction. (Response to Court due by 9/6/2024.) Signed by Sr. District Judge Catherine D. Perry on 08/30/2024. (KRZ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
VISION ONE ENTERPRISE, LLC,
Plaintiff,
v.
WALL STREET SWEEPERS, LLC,
et al.,
Defendants.

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No. 4:24 CV 1167 CDP

MEMORANDUM AND ORDER
This newly filed case is before me for review of subject-matter jurisdiction.
Plaintiff Vision One Enterprises, LLC (VOE), brings this action alleging that
defendants Wall Street Sweepers, LLC (WSS), and Joshua A. Eldridge breached a
services contract, wrongfully retained and assumed ownership of a $270,000 deposit
paid by VOE that was to be refunded to VOE under terms of the contract, and
engaged in fraudulent or negligent conduct to induce VOE to pay the $270,000
deposit despite defendants having no intention to perform on the contract. VOE
invokes this Court’s diversity jurisdiction under 28 U.S.C. § 1332.
I have reviewed VOE’s complaint and find that there is no adequate statement
of citizenship with respect to any of the parties in this case. I will therefore order
VOE to file an amended complaint to properly allege this Court’s subject-matter
jurisdiction.

VOE asserts that it is a limited liability company whose sole member, Julia
Woodley, “is an individual residing in the State of Missouri.” (ECF 1, Compl. at ¶
1.) For diversity purposes, an LLC’s citizenship is the citizenship of all its
members. GMAC Com. Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827,
829 (8th Cir. 2004). A statement of an individual’s “residency,” however, is
insufficient to establish that person’s citizenship. Sanders v. Clemco Indus., 823
F.2d 214, 216 (8th Cir. 1987). Because VOE’s statement of where its individual
member resides is insufficient to establish that member’s citizenship, it has failed to
establish its own citizenship as an LLC.
Defendant WSS is likewise an LLC, but VOE neither identifies the members
of that LLC nor alleges the citizenship of any members.
Finally, VOE asserts that defendant Eldridge is “an individual residing in the
State of Texas[.]” As stated above, a statement of residency does not establish an
individual’s citizenship for purposes of diversity jurisdiction. Sanders, 823 F.2d at
216.
Because there is no sufficient statement of citizenship with respect to any
party in this case, I am unable to determine if this Court has subject-matter
jurisdiction. Accordingly, I will give VOE seven (7) days to amend its complaint to
properly allege this Court’s subject-matter jurisdiction. Failure to timely comply
with this Order may result in this action being dismissed without prejudice for lack
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of subject-matter jurisdiction.
Therefore,
IS IT HEREBY ORDERED that within seven (7) days of the date of this
Order, plaintiff Vision One Enterprise, LLC, shall file an amended complaint that
properly alleges this Court’s subject-matter jurisdiction. Failure to timely comply
with this Order may result in this action being dismissed without prejudice for lack
of subject-matter jurisdiction.

_______________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 30th day of August, 2024.

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