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- alnd;;5:17-cv-01359_de6 RegisterActionDate "2017-08-21" @default.
- alnd;;5:17-cv-01359_de6 RegisterActionDescriptionText "TEXT ORDER: Sua sponte, the Court has examined its subject matter jurisdiction over this action. On August 14, 2017, defendant Carrabbas Italian Grill, LLC removed this action to federal court invoking diversity of citizenship jurisdiction. (Doc. 1). Under 28 U.S.C. § 1332(a)(1), a federal district court may exercise jurisdiction over a case in which there is complete diversity of citizenship, and the amount in controversy exceeds $75,000.00, exclusive of interest and costs. 28 U.S.C. §1332 (a); Underwriters at Lloyds, London v. Osting-Schwinn, 613 F.3d 1079, 1085 (11th Cir. 2012). In her complaint, plaintiff 1A1A6A6 alleges that she is "an adult individual residing in [] Huntsville, Madison County, Alabama." (Doc. 1-1, p. 3). Ms. 1A1A6A6 alleges that defendant Carrabbas Italian Grill, LLC is "a corporation doing business in Madison County, Alabama." (Doc. 1-1, p. 3). For purposes of diversity jurisdiction, a private individual is a citizen of the state in which he is domiciled. See Travaglio v. Am. Exp. Co., 735 F.3d 1266, 1269 (11th Cir. 2013) (providing that domicile requires both residence in a state and an intention to remain there indefinitely). In addition, "a limited liability company, like a partnership, is a citizen of any state of which a member of the company is a citizen. Porter v. Crumpton & Assocs, LLC, 862 F. Supp. 2d 1303, 1308 (M.D. Ala. 2012) (quoting Rolling Greens MHP, L.P. v. Comcast SCH Holdings, LLC, 374 F.3d 1020, 1022 (11th Cir. 2004)). Consequently, [t]o sufficiently allege the citizenship[] of [an] unincorporated business entit[y], a party must list the citizenships of all the members of the limited liability company. Id. The complaint does not properly allege the citizenship of the parties. In its notice of removal, Carrabbas states that Ms. 1A1A6A6 is "a citizen of the State of Alabama." (Doc. 1, p. 3). Carrabbas also explains that its "sole member is OSI HOLDCO, INC., which is a corporation that was formed under the laws of the State of Delaware and has its principal place of business in the State of Florida." (Doc. 1, p. 3). Accordingly, Carrabbas's notice of removal sufficiently alleges the citizenship of the parties. Because Ms. 1A1A6A6 is an Alabama citizen and because Carrabbas is a Delaware and Flordia citizen, the parties are completely diverse. The Court also finds that more than $75,000 is in controversy. (Doc. 1-1, pp. 5-6, 8). Therefore, the Court concludes that it has diversity of citizenship jurisdiction over this action pursuant to 28 U.S.C. § 1332(a)(1). Signed by Judge Madeline Hughes Haikala on 8/21/2017. (KEK) (Entered: 08/21/2017)" @default.
- alnd;;5:17-cv-01359_de6 AdministrativeID "5" @default.