Schlessinger v. Leaf Home Enhancements, LLC et al
| David Schlessiger |
| Leaf Home Enhancements, LLC, Leaf Home Enhancements, LLC doing business as Tundraland Home Improvements, LEAFFILTER NORTH, LLC., LEAF HOME LLC., and Robert Psaropoulos |
| 1:2024cv20582 |
| February 14, 2024 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| Plaintiff |
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Filing 5
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 February 14, 2024. 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 failed to do so with respect to Defendants Leaf Home Enhancements, LLC, and Leaf Home Enhancements, LLC, d/b/a Tundraland Home Improvements and, thus, has not adequately invoked this Court's subject matter jurisdiction. The Complaint is dismissed without prejudice. Plaintiff may file an amended complaint curing this deficiency on or before February 28, 2024. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 4 Clerks Notice of Receipt of Filing Fee received on 2/14/2024 in the amount of $ 405.00, receipt number FLS282504. (jes) |
| Filing 3 Summons Issued as to Leaf Home Enhancements, LLC. (jas) |
| 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 Lauren F. Louis 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. (jas) |
| Filing 1 COMPLAINT against Leaf Home Enhancements, LLC. Filing fees $405.00, filed by David Schlessiger. (Attachments: #1 Civil Cover Sheet)(jas) |
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