White v. Keith et al
| Floyd White, Jr. |
| Edward Taylor Keith, John Edward Nash, Jr., James Laverne Wood, TFS Recovery, Inc and PJK Food Service, LLC |
| 8:2022cv01960 |
| August 25, 2022 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| None |
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Filing 8
ENDORSED ORDER: On August 29, 2022, the Court directed Plaintiff to show cause why this case should not be dismissed without prejudice for lack of subject matter jurisdiction. (Doc. # 5). The Court subsequently extended the response deadline to September 9, 2022. (Doc. # 7). That date has passed, yet Plaintiff still has not responded to the order to show cause. As the Court previously explained (Doc. # 5), the complaint appears to allege that both Plaintiff and two Defendants are citizens of Virginia. In short, complete diversity has not been sufficiently alleged by Plaintiff and, thus, this Court lacks diversity jurisdiction. And no grounds for the exercise of federal question jurisdiction exist in this automobile negligence case. Accordingly, this case is dismissed for lack of subject matter jurisdiction. The Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 9/12/2022. (DMD)
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Filing 7
ENDORSED ORDER granting the motion for extension of time to respond to the order to show cause. (Doc. #6). Response now due September 9, 2022. Signed by Judge Virginia M. Hernandez Covington on 9/7/2022. (DMD)
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| Filing 6 MOTION for Extension of Time to File Show Cause by Floyd White, Jr. (Rodriguez, Michael) |
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Filing 5
ENDORSED ORDER: Plaintiff White is directed to show cause by September 1, 2022, why this case should not be dismissed without prejudice for lack of subject matter jurisdiction. First, the complaint alleges only the residences of White and the Defendants. See Travaglio v. Am. Exp. Co., 735 F.3d 1266, 1269 (11th Cir. 2013) ("[T]he allegations in Travaglio's complaint about her citizenship are fatally defective. Residence alone is not enough. Citizenship is equivalent to 'domicile' for purposes of diversity jurisdiction. And domicile requires both residence in a state and an intention to remain there indefinitely." (citations and internal quotation marks omitted)). Moreover, even if White meant to allege his and these Defendants' citizenships, it appears that complete diversity does not exist. Indeed, White alleges that he is a resident of York County, Virginia. Thus, presumably, he is a citizen of Virginia. But Defendants Nash and Wood are alleged to be residents of Powhatan County, Virginia, and Spotsylvania County, Virginia, respectively, with their home addresses in Virginia listed in the complaint. Therefore, Defendants Nash and Wood are also likely citizens of Virginia such that complete diversity does not exist between White and all Defendants. See 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."); James River Ins. Co. v. Arlington Pebble Creek, LLC, 118 F. Supp. 3d 1302, 1305 (N.D. Fla. 2015) ("The requirement for complete diversity of citizenship means that no plaintiff may be a citizen of the same state as any defendant."). Signed by Judge Virginia M. Hernandez Covington on 8/29/2022. (DMD)
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Filing 4
ENDORSED ORDER granting #2 Motion to Appear Pro Hac Vice. Attorney Michael A. Rodriguez may appear pro hac vice on behalf of Plaintiff. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 8/26/2022. (BMM)
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| Filing 3 SUMMONS issued as to Edward Taylor Keith, John Edward Nash, Jr, PJK Food Service, LLC, TFS Recovery, Inc, James Laverne Wood. (BES) |
| Filing 2 MOTION for Michael A. Rodriguez to appear pro hac vice by Floyd White, Jr. (BES) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 1 COMPLAINT against Edward Taylor Keith, John Edward Nash, Jr, PJK Food Service, LLC, TFS Recovery, Inc, James Laverne Wood filed by Floyd White, Jr. (Attachments: #1 Civil Cover Sheet)(Fee not paid)(BES) |
| PRO HAC VICE FEES paid by attorney Michael A. Rodriguez, appearing on behalf of Floyd White, Jr (Filing fee $150 receipt number TPA 67149.) Related document: #2 MOTION for Michael A. Rodriguez to appear pro hac vice. (BES) |
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