EDWARDS
v.
CENTURION MANAGED CARE OF FLORIDA, LLC
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The court held that the defendant's notice of removal failed to sufficiently allege diversity jurisdiction because it did not properly plead the citizenship of the plaintiff. The court ordered the defendant to provide additional information to establish jurisdiction.
The defendant removed a state court case to federal court, asserting diversity jurisdiction. The defendant's notice of removal alleged the plaintiff r…
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must be diverse from all defendants.” Univ. of S. Ala., 168 F. 3d at 412. To establish diversity over a natural person, a party must include allegations of the person’s citizenship, not where he or she resides. Taylor, 30 F. 3d at 1367. A natural person’s citizenship is determined by his or her “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.” McCormick, 293 F. 3d at 1257-58 (quotation and citation omitted). “Citizenship, not residence, is the key fact that must be alleged in the complaint to establish citizenship for a natural person.” Taylor, 30 F. 3d at 1367; Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989) (“‘Domicile’ is not necessarily synonymous with ‘residence[.]”). Thus, the Notice fails to present allegations sufficient to establish that the parties are diverse from each other. Without additional information regarding the citizenship of the Plaintiff, the allegations presently before the Court are insufficient to invoke the Court’s subject matter jurisdiction over this action.’ Accordingly, it is ORDERED: Defendant Centurion Managed Care of Florida, LLC, shall have until October 7, 2020, to provide the Court with sufficient information so that it can determine whether it has diversity jurisdiction over this action. DONE AND ORDERED at Jacksonville, Florida on September 25, 2020.
dh Mead be United States District Judge
Ic27 Copies to: Counsel of Record
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