Curtis v. Cenlar, FSB et al
| Thomas Curtis |
| Nationstar Mortgage Holdings, Inc., Cenlar, FSB, Nationstar Mortgage Holdings, Inc. doing business as Nationstar Mortgage and Cenlar, FSB doing business as Central Loan Administration & Reporting |
| 9:2019cv80455 |
| April 1, 2019 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Contract: Recovery/Enforcement |
| Plaintiff |
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Filing 6
ORDER CLOSING CASE re: #5 Notice of Voluntary Dismissal without Prejudice. All pending motions are DENIED AS MOOT. Signed by Judge Donald M. Middlebrooks on 4/15/2019. See attached document for full details. (jao).
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| Filing 5 NOTICE of Voluntary Dismissal by Thomas Curtis (Willis, Thomas) |
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Filing 4
PAPERLESS ORDER. Plaintiff alleges this Court has jurisdiction over this case based on diversity. However, the allegations fail to plead diversity. See Travaglio v. Am. Exp. Co, 735 F.3d 1266, 1268 (11th Cir. 2013) (When a plaintiff files suit in federal court, she must allege facts that, if true, show federal subject matter jurisdiction over her case exists.). Specifically, the party asserting diversity must prove the citizenships of all the members of a limited liability company and all partners of a limited partnership. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C, 374 F.3d 1020, 1022 (11th Cir. 2004). Plaintiff must also allege the place of incorporation and the principal place of business of all corporate defendants. See 28 U.S.C. 1332 (c)(1). Plaintiff fails to identify all members of Defendant Nationstar Mortgage LLC. Without this information I cannot discern whether the parties are completely diverse. Plaintiff's Complaint is also deficient with respect to the allegations concerning amount in controversy. "A plaintiff satisfies the amount in controversy requirement by claiming a sufficient sum in good faith." Federated Mut. Ins. Co. v. McKinnon Motors, LLC, 329 F.3d 805, 807 (11th Cir. 2003) (quoting St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 288 (1938)). Plaintiff alleges in a conclusory fashion that the "matter in controversy exceeds the sum of $75,000." (DE 1 at 3). However Plaintiff fails to include clear and coherent allegations as to what his damages are and how they could reach the amount-in-controversy threshold. Since Plaintiff does not explain or support his conclusory statement that the jurisdictional amount is satisfied, I am without sufficient information to determine whether Plaintiff's damages demand has been made in good faith. Accordingly, Plaintiff must file an amended complaint correcting all jurisdictional deficiencies no later than April 12, 2019, or alternatively file a voluntary dismissal by that date. Signed by Judge Donald M. Middlebrooks on 4/2/2019. (kal)
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| Filing 3 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (pes) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (pes) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11522903, filed by Thomas Curtis. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit)(Willis, Thomas) |
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