JOHN E. STEELE, Senior District Judge.
This matter comes before the Court on Plaintiffs' Amended Complaint (Doc. #35) filed on December 8, 2016, which the Court reviews to ensure the existence of federal subject matter jurisdiction.
The Amended Complaint avers that the Court has subject matter jurisdiction over the action under 28 U.S.C. § 1332(a) because there is complete diversity of citizenship between Plaintiffs and Defendants, and the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs. (
The Court cannot agree. The three corporate plaintiffs are alleged to be citizens of Florida, Oklahoma, and/or Delaware, and the five individual defendants are alleged to be citizens of New York. The problem is that the citizenship of corporate defendant Westover Car Rental, LLC (Westover) is not properly alleged. The Amended Complaint asserts that, "[u]pon information and belief, all of the members of Westover, both individual and corporate, are citizens of New York." (
As a limited liability company, Westover is a citizen of all states of which its members — including other LLCs — are citizens.
A citizenship "factor tree" is present here. The Amended Complaint avers that Westover has two members: Philip Mooar, a New York citizen, and Genesee Car Rental, LLC (Genesee) a New York limited liability company. Genesee is itself alleged to have two members: 6956 Group, LLC (6956 Group) and Castle & Mosey IV, LLC (Castle & Mosey), both New York limited liability companies. The Amended Complaint does not, however, provide sufficient information about the members of 6956 Group or Castle & Mosey; it avers only that William Paladino, a citizen of New York, is believed to have a 25% membership stake in 6956 Group, and that Defendants' counsel has indicated "via email that no member has a connection to Florida." (Doc. #35, ¶ 5.) As such, Plaintiffs believe that "no member of 6956 Group, LLC or Castle & Mosey IV, LLC is incorporated in, has a principal place of business in, or is a citizen of Florida." (
Given the absence of information regarding the identity and citizenship of all the members of 6956 Group and Castle & Mosey — which could very well add new LLC "branches" to the "tree" — these allegations are insufficient to support the existence of federal subject matter jurisdiction. Moreover, even if the allegation of non-Florida citizenship proves true, it does not establish complete diversity of citizenship, because it does not address whether any members of 6956 Group and Castle & Mosey are citizens of Oklahoma or Delaware. Accordingly, the Court dismisses the Amended Complaint for lack of subject matter jurisdiction.
Accordingly, it is hereby
1. Plaintiffs' Amended Complaint (Doc. #35) is
2. Defendants' pending Motion to Dismiss for Lack of Personal Jurisdiction and Alternative Motion to Transfer Venue (Doc. #36) is