CAREERSTAFF UNLIMITED, LLC
v.
PORT CHARLOTTE OPCO, LLC

M.D. Fla. | 2023-02-22
No. 2:23-cv-109
District Court, M.D. Florida (2023)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

The court held that the plaintiff failed to adequately allege diversity of citizenship, requiring dismissal of the complaint without prejudice.

Facts & Procedural History

Plaintiff CareerStaff Unlimited, LLC filed a contract dispute in federal court based on diversity jurisdiction. The court found that the plaintiff, id…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Topics
Contract Dispute Citizenship Of Limited Liability Companies 28 U.S.C. § 1332(A) Domicile

Explore caselaw by topic → Browse Contract Dispute cases and more on FLexlaw

Opinion of the Court

Holdings, LLC, 710 F. 3d 1221, 1224-25 (11th Cir. 2013). CareerStaff only told the Court where the managing members of it and Port Charlotte OCPCO are domiciled. That is not enough. Because CareerStaff alleges nothing about how many members it or Port Charlotte

OPCO has and where all members are domiciled, CareerStaff has not adequately pled diversity of citizenship. Accordingly, it is now ORDERED: 1. The Complaint (Doc. 1) is DISMISSED without prejudice for lack of subject matter jurisdiction. 2. Plaintiff may file an amended complaint by March 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 22, 2023.

, Lh platrath< 7

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

Footnotes
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. CareerStaff and Port Charlotte OPCO are identified as limited liability companies. (Doc. 1 at 1-2). A limited liability company is a citizen of every state in which one of its members is domiciled. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F. 3d 1020 (11th Cir. 2004); McCormick v. Aderholt, 293 F. 3d 1254, 1257-58 (11th Cir. 2002) (citizenship is determined by “domicile,” or “the place of his true, fixed, and permanent home and principal establishment . . . to which he has the intention of returning whenever he is absent therefrom”). Because of this, it is not enough to allege the citizenship of some members of the limited liability company. Rolling Greens MHP, L.P., 374 F. 3d at 1022 (“To sufficiently allege the citizenships of these unincorporated business entities, a party must list the citizenships of all the members of the limited liability company”) (emphasis added). Each member of the LLC must be diverse from the opposing party for federal diversity jurisdiction to exist. Flintlock Constr. Servs., LLC v. Well-Come

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw