UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MAURICE SPORTING GOODS, LLC,

Plaintiff,

v. Case No.: 2:20-cv-00452-JLP-MRM

READ SAMPLES,

Defendant. / ORDER This cause comes before the Court sua sponte upon review of the Complaint filed by Maurice Sporting Goods, LLC (MSG). (Doc. 1.) Although MSG appears to be styled as a limited liability company, paragraph 8 of the Complaint provides that “Maurice Sporting Goods, Inc. . . . is a corporation organized and existing under the laws of the State of Delaware and having a principal place of business in Northbrook, Illinois.” ( at ¶8) (emphasis added). Maurice Sporting Goods, Inc. (a corporate entity) appears to be distinct from MSG (an unincorporated entity). Accordingly, the Court requires additional evidence to determine whether it has subject matter jurisdiction over this case. District courts must “inquire into subject matter jurisdiction whenever it may be lacking.” ,

(11th Cir. 1999). Subject matter jurisdiction exists if the citizenship of the parties is completely diverse and the amount in controversy exceeds $75,000.00.

; Fed. R. Civ. P. 8(a)(1). Complete diversity requires that the citizenship of every plaintiff be diverse from the citizenship of each defendant. ,

(2005). A party that files suit in federal court has the burden of establishing facts supporting federal jurisdiction.

,

(11th Cir. 2010). “[A] limited liability company is a citizen of any state of which a member of the company is a citizen.” ,

(11th Cir. 2004). If members of an unincorporated association—like an LLC—are themselves unincorporated associations, then the citizenship of those members must be traced through all their respective partners or members, however

many layers there might be.

(11th Cir. 2017). Conversely, “a corporation is a citizen of both the state where it is incorporated and the state where it has its principal place of business.” ,

(11th Cir. 2005) (citing

(c)). The named plaintiff is MSG, which is described as an LLC in the Complaint. (Doc. 1.) But the Complaint’s jurisdictional allegations do not mention MSG. Instead,

the Complaint discusses the state of incorporation and principal place of business of “Maurice Sporting Goods, Inc.,” a corporate entity which appears to be distinct from MSG. ( at ¶8.) Because MSG is an LLC, its state of incorporation and principal place of business are irrelevant to its citizenship. Instead, the proper inquiry is the citizenship of MSG’s members. , 374 F.3d at 1021–22. And if those members are themselves LLCs, then their citizenship must be traced through their respective members as well. Purchasing Power, LLC,

. Accordingly, it is ORDERED: 1. No later than September 2, 2020, MSG is ordered to SHOW CAUSE in writing (ten pages or fewer), why this case should not be dismissed for lack of subject matter jurisdiction. 2. Failure to comply with this order will result in dismissal without further notice. ORDERED in Fort Myers, Florida, on August 19, 2020. Are lA A hen JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE