Morhardt v. Elite S.R.L et al
| Frederick Morhardt |
| Elite S.R.L., Jerdon Style LLC, Aladina Marketing International LLC and Carnival Corporation |
| 1:2020cv20095 |
| January 9, 2020 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 |
| Defendant |
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| Document Text |
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re 5 Order to Show Cause,,,,,,,,,,,, by Jerdon Style LLC. (Burns, Ryan) |
Filing 5
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On January 9, 2020, Defendant Jerdon Style LLC ("Jerdon") filed a Notice of Removal. #1 . Therein, Defendant Jerdon asserts that this Court has jurisdiction based on diversity. See id. at 2; see also 28 U.S.C. 1332. "[I]t is well settled that a federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking." Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999) (citations omitted). "[I]n removal cases, the burden is on the party who sought removal to demonstrate that federal jurisdiction exists." Kirkland v. Midland Mortg. Co., 243 F.3d 1277, 1281 n.5 (11th Cir. 2001) (citation omitted). Additionally, the burden is on the removing party to establish the citizenship of the parties. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004) (per curiam). Further, 28 U.S.C. 1441(b)(2) provides that "[a] civil action otherwise removable solely on the basis of jurisdiction under section 1332(a) of this title may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought." 28 U.S.C. 1441(b)(2). Here, it is not clear to the Court whether the Court has subject matter jurisdiction based on diversity over this matter. First, the Notice of Removal indicates that Defendant Carnival Corp.'s principal place of business is Miami, Florida. #1 at 2. Second, the Notice of Removal indicates that Defendant Aladina Marketing International LLC is a limited liability company organized under the laws of Florida and has a principal place of business in Florida. Id. However, for purposes of diversity jurisdiction, a limited liability company is a citizen of any state of which a member of the limited liability company is a citizen. See Rolling Greens MHP, L.P., 374 F.3d at 102122. (citation omitted). And, neither the state court complaint 12 nor the Notice of Removal #1 note the citizenship of Aladina Marketing International LLC's members. As such, it is not clear to the Court whether Carnival Corp. and Aladina Marketing International LLC are citizens of Florida, rendering removal improper. See 1441(b)(2). Accordingly, UPON CONSIDERATION of the Notice of Removal, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant Jerdon is ORDERED TO SHOW CAUSE by January 21, 2020, why this Court has jurisdiction to adjudicate this case. Specifically, Defendants shall provide the Court briefing not to exceed five pages informing the Court of the citizenship of the defendants and whether removal was proper pursuant to 1441(b)(2). Failure to respond to this Order to Show Cause by the deadline may result in sanctions, including remand. Signed by Chief Judge K. Michael Moore on 1/15/2020. (mgh)
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| Filing 4 Defendant, JERDON STYLE LLC'S ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Jerdon Style LLC. (Burns, Ryan) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cds) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-12291811, filed by Jerdon Style LLC. (Attachments: #1 Civil Cover Sheet Federal Court, #2 Exhibit Complaint - Exhibit A to Petition for Removal, #3 Exhibit Exhibit B to Petition for Removal, #4 Exhibit Civil Cover Sheet [State Court], #5 Exhibit Carnival Corporation Summons [State], #6 Exhibit Aladina Marketing International, LLC Summons [State], #7 Exhibit Jerdon Style, LLC [State], #8 Exhibit Carnival Corporation's Motiont o Dismiss, #9 Docket Sheet Doscket Seet [State Court])(Burns, Ryan) Text Modified on 1/10/2020 (cds). No Answer Filed/ Motion To Dismiss Filed, Exh#8. |
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