PPE TRADE & SUPPORT, LLC

v.

SHELDON JASON BURNETT, ESQ., P.A.

Defendant, Sheldon Jason Burnett is a Florida resident, with business operations in Florida and is otherwise sui juris.

Defendant Sheldon Jason Burnett, Esq. P.A. is a professional association whose registered mailing address with the Florida Bar is 11395 S.W. 95th Street, Miami, Florida 33176. Burnett Law is a citizen of Florida for diversity purposes because its nerve center is in Florida. The Florida Bar’s online records indicate that Burnett Law has just one attorney, Burnett.

Defendant, Analytics Associates, LLC. is headquartered in Albuquerque, New Mexico, and is a citizen of Florida for purposes of diversity jurisdiction by virtue of its conducting business in Miami, Florida through its agent and principal, Burnett, who signs off on invoices for Analytics as its “President.”

Id. ¶¶ 1-4. District courts have diversity jurisdiction over cases in which the parties are completely diverse and the amount in controversy exceeds $75,000.00. 28 U.S.C. § 1332. “For a court to have diversity jurisdiction pursuant to 28 U.S.C. § 1332(a), ‘all plaintiffs must be diverse from all defendants.’” First Home Bank v. Net Zero LLC, No. 3:20-cv-150-J-34MCR, 2020 WL 802518, at *2 (M.D. Fla. Feb. 18, 2020) (quoting Univ. of S. Ala., 168 F. 3d at 412)). “The burden of pleading diversity of citizenship is upon the party invoking federal jurisdiction, and if jurisdiction is properly challenged, that party also bears the burden of proof.” Ray v. Bird & Son & Asset Realization Co., 519 F. 2d 1081, 1082 (5th Cir. 1975).1

on the citizenship of all the members composing the organization.” Rolling Greens MHP, L.P. v. Comcast SCH Holdings LLC, 374 F. 3d 1020, 1021 (11th Cir. 2004) (citing Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990)). With regard to the existence of diversity jurisdiction, “a limited partnership is a citizen of each state in which any of its partners, limited or general, are citizens.” Id. (citing Carden, 494 U.S. at 195-96). “Therefore, in order to sufficiently allege the citizenship of an unincorporated business entity, a party must list the citizenships of all the members of that entity.” First Home Bank, 2020 WL 802518, at *2 (citing Rolling Greens MHP, L.P., 374 F. 3d 1022). Here, the Complaint fails to sufficiently allege the citizenship of Plaintiff and Analytics

Associates, LLC (“Unincorporated Parties”) because it does not identify the members of each “limited liability company [or] their respective states of citizenship.” ECF No. ¶¶ 1, 4. As explained above, “[t]o sufficiently allege the citizenships of [] unincorporated business entities, a party must list the citizenships of all the members of the limited liability company and all the partners of the limited partnership,” and if the party invoking the court’s jurisdiction fails to do so, it cannot satisfy its burden of establishing diversity of citizenship. Rolling Greens MHP, L.P., 374 F. 3d at 1022. Accordingly, “the Court lacks sufficient information to satisfy the jurisdictional inquiry.” First Home Bank, 2020 WL 802518, at *2. Accordingly, it is ORDERED AND ADJUDGED that the above-styled case is Case No. 21-cv-24474-BLOOM/Otazo-Reyes

DISMISSED WITHOUT PREJUDICE. Plaintiff is permitted to file an amended complaint that properly alleges the basis for invoking diversity jurisdiction by January 6, 2022. DONE AND ORDERED in Chambers at Miami, Florida, on December 30, 2021.

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to: Counsel of Record