Battle v. Frog and the Hen Market and Eatery

United States District Court for the Southern District of Georgia

Battle v. Frog and the Hen Market and Eatery

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION LISA BATTLE, ) Plaintiff, ) v. CV 122-036 FROG AND THE HEN MARKET AND EATERY and FROG HOLLOW ) HOSPITALITY GROUP, INC., ) Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation, to which objections have been filed. (Doc. no. 8.) Plaintiff argues she qualifies for diversity jurisdiction because Defendant Frog Hollow Hospitality Group, Inc., owns restaurants in other states in addition to Georgia. (1d. at 2.) However, a corporation is “deemed to be a citizen of every State .. . by which it has been incorporated and of the State . . . where it has its principal place of business.”

28 U.S.C. § 1332

(c)(1). Plaintiff has not shown Defendants are incorporated or have their principal places of business in a state other than Georgia. See McCormick v. Aderholt,

293 F.3d 1254, 1257

(11th Cir. 2002) (party invoking court’s jurisdiction bears burden to prove federal jurisdiction); Palmer v. Hosp. Auth. of Randolph Cnty.,

22 F.3d 1559, 1564

(11th Cir. 1994) (“Diversity

jurisdiction, as a general rule, requires complete diversity—every plaintiff must be diverse from every defendant.”). This case does not qualify for diversity jurisdiction. Accordingly, the Court OVERRULES the objections, ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES this case, and CLOSES this civil action. SO ORDERED this G2 nln of a a 2022, at Augusta, Georgia.

COAT iT PEPE: J. RANDAL BAL, CHIZF JUDGE UNITED STATES DISTRICT JUDGE OUTHERN DISTRICT OF GEORGIA

Reference

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