Opinion

Amerisure Mutual Insurance Company v. Mammoth Constructors, LLC

Court
District Court, M.D. Florida
Filed
Feb 1, 2023
Cited by
0 cases
Authority
More cited than 19.9%

stating a “party must list the citizenships of all the members of the” LLC

How later courts described this case

  • stating a “party must list the citizenships of all the members of the” LLC
  • explaining difference between residence and citizenship (i.e., domicile)

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

AMERISURE MUTUAL

INSURANCE COMPANY,

Plaintiff,

v. Case No.: 2:23-cv-67-SPC-NPM

MAMMOTH CONSTUCTORS,

LLC and BOARD OF COUNTY

COMMISSIONERS OF COLLIER

COUNTY,

Defendants.

/

ORDER1

Before the Court is Plaintiff Amerisure Mutual Insurance Company’s

Complaint, in which it seeks declarations about an insurance policy at issue in

an underlying state court suit. (Doc. 1).

Because Plaintiff brings this diversity action, it has the burden on

jurisdiction. Morrison v. Allstate Indem. Co., 228 F.3d 1255, 1273 (11th Cir.

2000). Proceeding in federal court, it must show the parties are completely

diverse with an amount in controversy exceeding $75,000. 28 U.S.C. § 1332(a);

Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 552 (2005). And

1 Disclaimer: Papers hyperlinked to CM/ECF may be subject to PACER fees. By using

hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties

or their services or products, nor does it have any agreements with them. The Court is not

responsible for a hyperlink’s functionality, and a failed hyperlink does not affect this Order.

district courts are “obligated to inquire into subject matter jurisdiction sua

sponte whenever it may be lacking.” Univ. of S. Ala. v. Am. Tobacco Co., 168

F.3d 405, 410 (11th Cir. 1999).

Plaintiff has not properly plead the citizenship of Defendant Mammoth

Constructors, LLC to show the requisite diversity. A limited liability

company— like Mammoth—is a citizen of every state in which one of its

members is a citizen. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings

L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). So each LLC member must be

diverse. Because a limited liability company is a citizen of every member’s

state, a pleading must identify each of its members and their citizenship.

Rolling Greens, 374 F.3d at 1022 (stating a “party must list the citizenships of

all the members of the” LLC). The Complaint here doesn’t do so.

For Mammoth, the Complaint only alleges the principal address and its

registered agent’s location. That’s not enough. Without identifying

Mammoth’s members and their domiciles, the Court cannot conclude diversity

exists. See Travaglio v. Am. Express Co., 735 F.3d 1266, 1269 (11th Cir. 2013)

(explaining difference between residence and citizenship (i.e., domicile)). So

the Complaint is dismissed without prejudice, and Plaintiff may amend to

adequately plead subject-matter jurisdiction. See 28 U.S.C § 1653.

Accordingly, it is now

ORDERED:

1. The Complaint (Doc. 1) is DISMISSED without prejudice.

2. Plaintiff may FILE an amended complaint on or before February 8,

2023. Failure to do so will cause the Court to close this case

without further notice.

DONE and ORDERED in Fort Myers, Florida on February 1, 20238.

, Lh platrath< 7

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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