Veritiv Operating Company v. BPI Sports, LLC
| Veritiv Operating Company a Delaware corporation doing business as All American Containers |
| BPI Sports, LLC |
| 1:2023cv20309 |
| January 26, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Document Text |
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| Reset Deadlines Per DE#6. Amended Complaint due by 2/8/2023. (cqs) |
Filing 6
PAPERLESS ORDER dismissing Complaint for failure to adequately invoke the Court's subject matter jurisdiction. This cause comes before the Court on a sua sponte review of the Complaint, filed on January 26, 2023. As the Eleventh Circuit has explained, "a limited liability company is a citizen of any state of which a member of the company is a citizen" and thus "[t]o sufficiently allege the citizenship of [an LLC], a party must list the citizenships of all members of the limited liability company." Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Plaintiff has failed to do so with respect to Defendant BPI Sports, LLC. Thus, Plaintiff has not adequately invoked this Court's subject matter jurisdiction. The Complaint is dismissed without prejudice, and the case is administratively closed. Plaintiff may file an amended complaint on or before February 8, 2023. Signed by Judge Darrin P. Gayles on 1/30/2023. (nce)
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| Filing 5 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 1/29/2023. (nce) |
| Filing 4 Clerk's 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. (nwn) |
| Filing 3 Summons Issued as to BPI Sports, LLC. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (nwn) |
| Filing 1 COMPLAINT against BPI SPORTS, LLC, a Florida Limited Liability Company. Filing fees $ 402.00 receipt number AFLSDC-16270870, filed by Veritiv Operating Company. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(Kramer, Matthew) |
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| Plaintiff: Veritiv Operating Company a Delaware corporation doing business as All American Containers | |
| Represented By: | Lawrence Eldridge Burkhalter |
| Represented By: | Matthew Ian Kramer |
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| Defendant: BPI Sports, LLC | |
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