KATHERINE P. NELSON, Magistrate Judge.
This action is before the Court sua sponte on review of its subject matter jurisdiction.
Travaglio v. Am. Exp. Co., 735 F.3d 1266, 1268 (11th Cir. 2013) (emphasis added) (footnote omitted). See also, e.g., Ray v. Bird & Son & Asset Realization Co., Inc., 519 F.2d 1081, 1082 (5th Cir. 1975) ("The burden of pleading diversity of citizenship is upon the party invoking federal jurisdiction . . ." (citing Mas v. Perry, 489 F.2d 1396 (5th Cir. 1974)).
Both parties are alleged to be limited liability companies (LLCs). Unlike corporations, see 28 U.S.C. § 1332(c)(1), for purposes of diversity jurisdiction "the citizenship of an artificial, unincorporated entity generally depends on the citizenship of all the members composing the organization." Rolling Greens, MHP, L.P. v. Comcast SCH Holdings, L.L.C., 374 F.3d 1020, 1021 (11th Cir. 2004) (per curiam) (citing Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990)). Accord Americold Realty Trust v. Conagra Foods, Inc., 136 S.Ct. 1012 (2016) (reaffirming Carden rule). As such, for purposes of diversity jurisdiction, "a limited liability company is a citizen of any state of which a member of the company is a citizen." Rolling Greens, 374 F.3d at 1022. Accord Mallory & Evans Contractors & Eng'rs, LLC v. Tuskegee Univ., 663 F.3d 1304, 1305 (11th Cir. 2011) (per curiam). Thus, "[t]o sufficiently allege the citizenship[] of [an LLC], a party must list the citizenships of all the members of the limited liability company . . ." Rolling Greens, 374 F.3d at 1022. See also S.D. Ala. CivLR 8 ("A pleading or notice of removal asserting jurisdiction based on diversity of citizenship must identify the citizenship of each party to the litigation . . . If any party is an unincorporated association, limited liability company, or partnership, the pleading or notice must identify the citizenship of all members."). This "can require tracing through several layers." BouMatic, LLC v. Idento Operations, BV, 759 F.3d 790, 791 (7th Cir. 2014) (citing Cosgrove v. Bartolotta, 150 F.3d 729 (7th Cir. 1998) (citizenship of an LLC depends on citizenship of its members, traced through as many levels as necessary to reach corporations or natural persons)). See also Azzo v. Jetro Rest. Depot, LLC, No. 3:11-CV-324-J-34JRK, 2011 WL 1357557, at *2 n.2 (M.D. Fla. Apr. 11, 2011) (in pleading the citizenships of the members, "each member's citizenship must [also] be properly alleged, be it an individual, corporation, LLC, or other entity").
The Plaintiff LLC alleges that its sole member is Tradesmen International Holdings, LLC. (Doc. 1 at 1). However, the Plaintiff does not allege the citizenship(s) of the member(s) of that LLC, simply alleging it is a "Delaware" LLC. (Id.). The Plaintiff does not identify any members of the Defendant LLC or their citizenships, instead alleging it is an Alabama LLC with its principal place of business in Alabama. (Id.). These allegations are insufficient to demonstrate the citizenship(s) of either party for purposes of diversity jurisdiction.
"Defective allegations of jurisdiction may be amended, upon terms, in the trial or appellate courts." 28 U.S.C. § 1653. "[L]eave to amend should be freely granted when necessary to cure a failure to allege jurisdiction properly." Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d 901, 903 n.1 (11th Cir. 1984)). Upon consideration, the Plaintiff is
Any filing made in contravention of these directives will be deemed nonresponsive to this Order and will be summarily ordered stricken. The failure to comply with this Order will result in dismissal of this action for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.").
Additionally, the Plaintiff did not file a disclosure statement in accordance with S.D. Ala. CivLR 7.1 contemporaneously with its complaint. The Plaintiff is
DONE and ORDERED.