NEXT INSURANCE US COMPANY
v.
APOGEE INTEGRATIONS, LLC
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This is a procedural order addressing deficiencies in disclosure statements filed by defendants in a diversity jurisdiction case. The court struck one defendant's disclosure statement for failing to properly identify himself as a legal representative and provide the decedent's citizenship, and ordered three defendants to file corrected disclosure statements.
The disclosure statements are deficient and must be corrected. Ashrafi must identify the citizenship of the decedent (Debra Ashrafi) rather than his own citizenship and properly disclose his status as a legal representative. Burkett and Sciortino must file disclosure statements that they have failed to submit.
[1] For diversity jurisdiction purposes, the citizenship of an estate is determined by the citizenship of the decedent.
[2] A personal representative of an estate must disclose the citizenship of the decedent, not their own, when asserting diversity jurisdiction.
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Join FLexlaw to unlock all legal intelligence“Where an estate is a party, the citizenship that counts for diversity purposes is that of the decedent, and she is deemed to be a citizen of the state in which she was domiciled at the time of her death.”
Establishes the controlling rule for determining citizenship in diversity jurisdiction when an estate is a party, requiring identification of the decedent's citizenship rather than the representative's.
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Join FLexlaw to unlock all legal intelligenceDefendant Dariush Ashrafi is the personal representative of the estate of Debra Ashrafi and filed a disclosure statement identifying himself as a Flor…
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Defendant Dariush Ashrafi's (“Ashrafi") Disclosure Statement Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.03 ("Disclosure Statement"), Doc. 31, fails to provide the information required by Rule 7.1 of the Federal Rules of Civil Procedure and Local Rule 3.03.
Question 2 of the Court's disclosure statement form asks if jurisdiction is based on 28 U.S.C. § 1332(a) and if so, requires the filer to identify the name and citizenship of each person or entity whose citizenship is attributed to the filer. Doc. 31 at 2. In the Disclosure Statement, Ashrafi responded to Question 2 affirmatively and stated "Dariush Ashrafi is a Florida citizen.” Id. at 2. However, in this action, Ashrafi is acting as the personal representative of the estate of Debra Ashrafi. See id. at 1. “Where an estate is a party, the citizenship that counts for diversity purposes is that of the decedent, and she is deemed to be a citizen of the state in which she was domiciled at the time of her death.” King v. Cessna Aircraft Co., 505 F. 3d 1160, 1170 (11th Cir. 2007).
As the personal representative for the estate of Debra Ashrafi, Ashrafi was required to provide the citizenship of Debra Ashrafi rather than his own. Potentially contributing to this error, Question 2(d) asks whether the filer is a legal representative, to which Ashrafi improperly responded to in the negative. Doc. 31 at 2. As noted, however, Ashrafi is acting as the personal representative for the estate of Debra Ashrafi. The Court will therefore strike Ashrafi's Disclosure Statement and direct him to file a new disclosure statement properly identifying his status as a legal representative and the citizenship of Debra Ashrafi at the time of her death.
Additionally, Defendants Lawrance Lee Burkett, Jr. ("Burkett") and Shana Sciortino ("Sciortino”) have failed to file a disclosure statement as required by Local Rule 3.03. The Court will therefore direct Burkett and Sciortino to each file a disclosure statement using the standard form found on the Court's website.
Accordingly, it is ORDERED:
1. Defendant Ashrafi's Disclosure Statement (Doc. 31) is stricken.
2. On or before October 17, 2024, Defendants Ashrafi, Burkett, and Sciortino shall each file a proper disclosure statement.
DONE AND ORDERED in Jacksonville, Florida, on October 7, 2024.
Samuel J. Horovitz United States Magistrate Judge
Copies to: Counsel of Record