CareerStaff Unlimited, LLC v. Port Charlotte OPCO, LLC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION CAREERSTAFF UNLIMITED, LLC, Plaintiff, v. Case No.: 2:23-cv-109-SPC-KCD PORT CHARLOTTE OPCO, LLC, Defendant. / ORDER1 Before the Court is Plaintiff CareerStaff Unlimited, LLC’s Complaint. (Doc. 1). This is a contract dispute that has been filed in federal court based upon diversity jurisdiction. (Doc. 1).

Federal courts have original jurisdiction over cases with complete diversity and an amount in controversy over $75,000, exclusive of interest and costs. 28 U.S.C. § 1332(a). Here, CareerStaff has not adequately alleged diversity of citizenship. CareerStaff identifies all parties to be diverse but provides insufficient information about the citizenship of itself and Defendant Port Charlotte OPCO, LLC.

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CareerStaff and Port Charlotte OPCO are identified as limited liability companies. (Doc. 1 at 1-2). A limited liability company is a citizen of every state in which one of its members is domiciled. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020 (11th Cir. 2004); McCormick v. Aderholt, 293 F.3d 1254, 1257-58 (11th Cir. 2002) (citizenship is determined by “domicile,” or “the place of his true, fixed, and permanent home and principal establishment . . . to which he has the intention of returning whenever he is absent therefrom”). Because of this, it is not enough to allege the citizenship of some members of the limited liability company. Rolling Greens MHP, L.P., 374 F.3d at 1022 (“To sufficiently allege the citizenships of these unincorporated business entities, a party must list the citizenships of all the members of the limited liability company”) (emphasis added). Each member of the LLC must be diverse from the opposing party for federal diversity jurisdiction to exist. Flintlock Constr. Servs., LLC v. Well-Come Holdings, LLC, 710 F.3d 1221, 1224-25 (11th Cir. 2013).

CareerStaff only told the Court where the managing members of it and Port Charlotte OCPCO are domiciled. That is not enough. Because CareerStaff alleges nothing about how many members it or Port Charlotte OPCO has and where all members are domiciled, CareerStaff has not adequately pled diversity of citizenship.

Accordingly, it is now ORDERED: 1. The Complaint (Doc. 1) is DISMISSED without prejudice for lack of subject matter jurisdiction.

2. Plaintiff may file an amended complaint by March 8, 2023. Failure to do so will cause the Court to close this case without further notice.

DONE and ORDERED in Fort Myers, Florida on February 22, 2023.

, Lh platrath< 7 UNITED STATES DISTRICT JUDGE Copies: All Parties of Record