Erdle v. Fidelity Brokerage Services, LLC
| Lissette Erdle |
| Fidelity Brokerage Services, LLC |
| 9:2023cv80962 |
| June 23, 2023 |
| US District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity |
| Plaintiff |
Docket Report
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| Document Text |
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Filing 8
ORDER CLOSING CASE. ORDERED AND ADJUDGED that this case is DISMISSED WITHOUT PREJUDICE. The Clerk of Court shall CLOSE THIS CASE. All pending motions are DENIED AS MOOT. Signed by Judge Donald M. Middlebrooks on 7/17/2023. See attached document for full details. (nan)
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| Filing 7 NOTICE of Voluntary Dismissal without prejudice by Lissette Erdle (DuBosar, Harrison) |
| Filing 6 ACKNOWLEDGMENT OF SERVICE on Fidelity Brokerage Services filed by Lissette Erdle. (DuBosar, Harrison) |
| Filing 5 AMENDED COMPLAINT against Fidelity Brokerage Services, LLC, filed by Lissette Erdle.(DuBosar, Harrison) |
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Filing 4
PAPERLESS ORDER. Plaintiff fails to properly allege that this Court has jurisdiction under 28 U.S.C. 1332. Plaintiff does not allege Defendant Fidelity Brokerage, LLC's citizenship. An LLC is a citizen of each state that its members are citizens of. See Rolling Greens MHP, LP v. Comcast SCH Holdings LLC, 374 F.3d 1020, 1022 (11th Cir. 2004). Plaintiff must also identify each member. See Underwriters at Lloyd's, London v. Osting-Schwinn, 613 F.3d 1079 (11th Cir. 2010). In addition, Plaintiff appears conflate her residency with citizenship. Without allegations regarding the citizenship of all members of the LLC and Plaintiff, the court cannot determine whether complete diversity exists. See Cabalceta v. Standard Fruit Co., 883 F.2d 1553, 1557 (11th Cir. 1989) ("[T]he presence of at least one alien on both sides of an action destroys diversity."). Accordingly, Plaintiff is directed to cure these deficiencies by filing an amended complaint on or before July 7, 2023. Signed by Judge Donald M. Middlebrooks on 6/29/2023. (orz)
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| Filing 3 Summons Issued as to Fidelity Brokerage Services, LLC. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (nan) |
| Filing 1 COMPLAINT against Fidelity Brokerage Services, LLC. Filing fees $ 402.00 receipt number AFLSDC-16716448, filed by Lissette Erdle. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(DuBosar, Harrison) |
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| Plaintiff: Lissette Erdle | |
| Represented By: | Harrison Ross DuBosar |
| Represented By: | Howard D. DuBosar |
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| Defendant: Fidelity Brokerage Services, LLC | |
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