IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

INTIME STAFFING, LLC, ) ) Plaintiff, ) ) CIVIL ACTION NO. v. ) 2:23cv113-MHT ) (WO) MEDICAL INDUSTRIES OF THE ) AMERICAS, INC., ) ) Defendant. )

OPINION AND ORDER Plaintiff Intime Staffing, LLC filed this case against defendant Medical Industries of the Americas, Inc., seeking payment of past-due invoices under various state-law theories. This case is before the court for review of subject-matter jurisdiction. Plaintiff asserts that the court has original jurisdiction of this matter based on diversity of citizenship under

. The court previously gave plaintiff an opportunity to replead the complaint to allege citizenship properly. Because the allegations of the amended complaint are insufficient to invoke this court's original jurisdiction under

, the case will be dismissed, albeit

without prejudice. To invoke original jurisdiction based on diversity, the complaint must distinctly and affirmatively allege each party's citizenship. See McGovern v. American

Airlines, Inc.,

(5th Cir. 1975) (per curiam).* The allegations must show that the citizenship of each plaintiff is different from that of each defendant. See

(a).

The original complaint was insufficient because it did not indicate properly the citizenship of a party that is a ‘limited liability company’: plaintiff InTime

Staffing, LLC. The complaint asserted that “InTime Staffing is a limited liability company that was formed under the laws of Florida with its principal place of

* In Bonner v. City of Prichard,

(11th Cir. 1981) (en banc), the Eleventh Circuit Court of Appeals adopted as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981.

2 business located in Birmingham, Alabama.” Complaint (Doc. 1). While these allegations would suffice were

Intime a corporation, this information is not germane to the determination of citizenship of a limited liability company. “[L]ike a limited partnership, a limited liability company is a citizen of any state of

which a member of the company is a citizen.” Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C.,

(11th Cir. 2004). The complaint must therefore allege “the citizenships of all the members

of the limited liability company” in order to establish citizenship.

The court entered an order granting plaintiff an

opportunity to replead the complaint to allege jurisdiction properly and warned that, if plaintiff failed to do so, the case would be dismissed without prejudice. See Order (Doc. 6). Plaintiff then filed

an amended complaint (Doc. 7). The amended complaint fails to correct the error of

3 its original complaint. “To sufficiently allege the citizenship[] of ...[a limited liability company], a

party must list the citizenships of all the members of the limited liability company.” Rolling Greens MHP,

. Instead of doing so, plaintiff simply added the following sentence to its original

insufficient citizenship allegation: “For the purposes of diversity jurisdiction, InTime Staffing is a citizen of the State of Alabama.” Amended Complaint (Doc. 6) at 1. This is plainly insufficient to meet the

requirement of listing the citizenships of its members. Therefore, the case will be dismissed. ***

Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that this case is dismissed without prejudice for lack of subject-matter jurisdiction. The clerk of the court is DIRECTED to enter this

document on the civil docket as a final judgment

4 pursuant to Rule 58 of the Federal Rules of Civil Procedure.

This case is closed. DONE, this the 20th day of March, 2023. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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