WINCHESTER GLOBAL TRUST COMPANY LIMITED

v.

MASTERS

CONSULTING FL, LLC, RENAISSANCE CONSULTING, LLC, and STEVEN LIKOS,

Defendants. /

ORDER1

In this action related to fraud, Plaintiff seeks to recover a sum certain of $4,686,740.17 in funds misappropriated by Darren Neil Masters, Steven Likos, and their companies. (Doc. 1.) The Clerk has already found Defendants Masters, SN-SCP LLP, CW Financial Consulting LLC, and Granite Investments Global US LLC (“Defendants”) in default. (Docs. 43, 44, 45, 46.)

Before entering default judgment, a district court must ensure it has subject-matter jurisdiction. See Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). Plaintiff’s complaint alleges diversity. (Doc. 1.) For diversity jurisdiction to apply, a plaintiff must allege facts supporting “complete diversity; every plaintiff must be diverse from every defendant.” Travaglio v. Am. Exp. Co., 735 F. 3d 1266, 1268 (11th Cir. 2013). If there is any deficiency in subject-matter jurisdiction, the court is constitutionally obligated to dismiss the action. Id. at 1269. The party seeking federal jurisdiction must prove, by a

Plaintiff does not adequately plead diversity as to the defendants against whom they seek default in two ways. First, the complaint alleges that Darren Neil Masters resides in Collier County, Florida; and Steven Likos resides in Palm Beach County, Florida. But citizenship, for jurisdictional purposes, is the equivalent of one’s domicile, not one’s residence. McCormick, 293 F. 3d at 1257. “A person’s domicile is the place of his true, fixed, and permanent home and principal establishment, and to which he has the intention of returning whenever he is absent therefrom.” Id.

at 1257-58. Second, according to the complaint, SN-SCP LLC is a Florida limited liability company with its principal place of business in Naples, Florida. But the citizenship of a limited liability company, for diversity jurisdiction, is the citizenship of its members. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F. 3d 1020, 1022 (11th Cir. 2004). The complaint alleges that Masters is the managing member of SN-SCP LLC and “exerts complete control” over the company, but does not say whether there are any other members of the LLC. Similarly, Plaintiff alleges that CW Financial Consulting LLC and Granite Investments Global US LLC are Florida limited liability companies with their principal places of business in Naples, Florida, and that Masters is a “member and manager of both companies” (Doc. 1 at 8), but does not say whether there are any other members of the LLCs.

The same jurisdictional problems exist for the remaining two LLC defendants who have appeared. Plaintiff alleges: Renaissance Consulting FL LLC is a Florida limited liability company, with its principal place of business located in Miami-Dade County, Florida; and Renaissance Consulting LLC is a

Pennsylvania limited liability company, with its principal place of business located in Delaware County, Pennsylvania. Defendant Steven Likos is either a managing principal or manager of both LLCs and “exerts complete control” over them, but Plaintiff does not say whether there are any other members of the LLCs. Plaintiff may cure these pleading deficiencies by filing an amended complaint.³ Before default judgment can be entered, Plaintiff must show this Court has diversity jurisdiction. Without it, the Court is powerless to enter judgment. Thus, the Motion for Default Judgment will be denied. Plaintiff may file an amended complaint. If Plaintiff does not amend, the undersigned will recommend this matter be dismissed for lack of subject-matter jurisdiction.

ie oe —

Le C.Dudek United States Magistrate Judge

Copies: All Parties of Record