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- alnd;;5:17-cv-01414_de7 RegisterActionDate "2017-08-28" @default.
- alnd;;5:17-cv-01414_de7 RegisterActionDescriptionText "TEXT ORDER: Sua sponte, the Court has examined its subject matter jurisdiction over this action. On August 21, 2017, defendants Pierce Trucking, LLC and 41CFF8F 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 their complaint, plaintiffs 8FD8069 and 7121616 allege that they are "individual[s] over the age of nineteen and [] resident[s] of Limestone County, Alabama." (Doc. 1-1, p. 5). Plaintiffs 8FD8069 and 7121616 allege that defendant 41CFF8F is a resident of Canton, Missouri. (Doc. 1-1, p. 5). Plaintiffs also allege that defendant Pierce Trucking, LLC is "a Foreign Corporation [sic] doing business within the state of Alabama... [with] their primary place of business located at 15899 Luray Road, Canton, MO 63435." (Doc. 1-1, p. 5). 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. Plaintiffs complaint neither adequately identifies the citizenship of Mr. 41CFF8F nor properly states the citizenship of Pierce Trucking. In its notice of removal, Pierce Trucking states that Mr. 8FD8069 and Mr. 7121616 are "citizens of the state of Alabama." (Doc. 1, p. 2). Pierce Trucking also explains that Daniel Fasher and Michelle Pierce-Fasher are the sole members of Pierce Trucking. Both Daniel Fasher and Michelle Pierce-Fasher reside and are domiciled in Canton, Missouri." (Doc. 1, p. 3). Accordingly, Pierce Trucking's notice of removal sufficiently alleges the citizenship of the parties. Because Mr. 8FD8069 and Mr. 7121616 are Alabama citizens, and because Mr. 41CFF8F and Pierce Trucking are Missouri citizens, the parties are completely diverse. The Court also finds that more than $75,000 is in controversy. (Doc. 1, pp. 3-4; Doc. 1-3, p. 2). 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 8/28/2017. (KEK) (Entered: 08/28/2017)" @default.
- alnd;;5:17-cv-01414_de7 AdministrativeID "6" @default.