CASTILLO AT TIBURON CONDOMINIUM ASSOCIATION, INC.
v.
EMPIRE INDEMNITY INSURANCE COMPANY
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The court held that the plaintiff failed to establish diversity jurisdiction by not alleging the corporation's principal place of business.
Plaintiff sued for breach of an insurance contract, citing diversity jurisdiction. The court reviewed the complaint sua sponte and found insufficient …
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Defendant. /
OPINION AND ORDER1
This matter comes before the Court upon sua sponte review of Plaintiff Castillo at Tiburon Condominium Association, Inc.’s (“Castillo”) Complaint. (Doc. 1). Castillo sues Defendant Empire Indemnity Insurance Company for breach of an insurance contract, citing diversity jurisdiction. For the reasons below, Castillo has failed to provide the Court with sufficient information to establish diversity jurisdiction. Because federal courts are courts of limited jurisdiction, they 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). In an action filed directly in federal court, the plaintiff must plead and prove jurisdiction. See King v. Cessna Aircraft Co., 505 F. 3d 1160, 1170 (11th Cir. 2007). Federal courts have diversity jurisdiction over a matter if the amount in controversy exceeds $75,000, exclusive of interests and costs,
see also 28 U.S.C. § 1332(c)(1). “Thus, to sufficiently allege the citizenship of a corporation, a party must identify its states of incorporation and principal place of business.” Asphalt Paving Sys., Inc. v. S. States Pavement Markings, Inc., No. 3:18-CV- 255-J-34JBT, 2018 WL 3067906, at *1 (M.D. Fla. Feb. 20, 2018) (citing Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F. 3d 1020, 1021-22 (11th Cir. 2004); 28 U.S.C. § 1332(c)(1)). Plaintiff alleges it “is and was a citizen of Florida where it is incorporated.” (Id. at ¶ 3). Because the Complaint does not identify Castillo’s principal place of business, it has not shown complete diversity of the parties. Thus, lacking subject matter jurisdiction,
the Complaint is due to be dismissed. Plaintiff can amend its pleading. Accordingly, it is now ORDERED: 1. Plaintiff Castillo at Tiburon Condominium Association, Inc.’s Complaint (Doc. 1) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint on or before September 16, 2020. Failure to do so will result in the Court closing this case. 2. Defendant Empire Indemnity Insurance Company’s Motion to Dismiss Complaint and Incorporated Memorandum of Law (Doc. 10) is DENIED without prejudice as moot. DONE and ORDERED in Fort Myers, Florida this 8th day of September, 2020.
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UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Univ. OF S. Ala. v. THE Am. Tobacco Co., 168 F.3d 405 (11th Cir. 1999)
- Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020 (11th Cir. 2004)
- HERTZ Corp. v. Friend, 559 U.S. 77 (U.S. 2010)
- King v. Cessna Aircraft Co., 505 F.3d 1160 (11th Cir. 2007)