Filed: Nov. 15, 2017
Latest Update: Nov. 15, 2017
Summary: ORDER CHARLENE EDWARDS HONEYWELL , District Judge . On November 3, 2017, Plaintiff filed her Complaint (Doc. 1), and alleged that this Court has original subject matter jurisdiction over the action pursuant to diversity jurisdiction, 28 U.S.C. 1332, in that the citizenship of the parties is diverse and the amount in controversy exceeds $75,000. Doc. 1 3. A review of the Complaint reveals that Plaintiff has failed to properly establish diversity of citizenship, and thereby has failed to
Summary: ORDER CHARLENE EDWARDS HONEYWELL , District Judge . On November 3, 2017, Plaintiff filed her Complaint (Doc. 1), and alleged that this Court has original subject matter jurisdiction over the action pursuant to diversity jurisdiction, 28 U.S.C. 1332, in that the citizenship of the parties is diverse and the amount in controversy exceeds $75,000. Doc. 1 3. A review of the Complaint reveals that Plaintiff has failed to properly establish diversity of citizenship, and thereby has failed to ..
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ORDER
CHARLENE EDWARDS HONEYWELL, District Judge.
On November 3, 2017, Plaintiff filed her Complaint (Doc. 1), and alleged that this Court has original subject matter jurisdiction over the action pursuant to diversity jurisdiction, 28 U.S.C. § 1332, in that the citizenship of the parties is diverse and the amount in controversy exceeds $75,000. Doc. 1 ¶ 3. A review of the Complaint reveals that Plaintiff has failed to properly establish diversity of citizenship, and thereby has failed to show that this Court has the jurisdiction necessary to entertain this action.
Federal courts "are obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking." Cadet v. Bulger, 377 F.3d 1173, 1179 (11th Cir. 2004); Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999). "The jurisdiction of a court over the subject matter of a claim involves the court's competency to consider a given type of case, and cannot be waived or otherwise conferred upon the court by the parties." Jackson v. Seaboard Coast Line R.R. Co., 678 F.2d 992, 1000 (11th Cir. 1982).
In order for diversity jurisdiction to exist under 28 U.S.C. § 1332, each defendant must be diverse from each plaintiff. Riley v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 292 F.3d 1334, 1337 (11th Cir. 2002). "[I]t is the burden of the party seeking federal jurisdiction to demonstrate that diversity exists by a preponderance of the evidence." McCormick v. Aderholt, 293 F.3d 1254, 1257 (11th Cir. 2002). The citizenship of national banking associations is prescribed by 28 U.S.C. § 1348, which states that national banking associations are "citizens of the States in which they are respectively located." The Supreme Court has explained a national banking association is "located" for purposes of § 1348 "in the State designated in its articles of association as its main office."1 Wachovia Bank v. Schmidt, 546 U.S. 303, 318 (2006).
Here, Defendant Bank of America, N.A. ("Bank of America") is a national banking association. However, the Complaint contains no allegations as to the location of its main office as designated in its articles of association, as is required by § 1348. Instead, the Complaint alleges only that Bank of America is a Delaware Corporation with its principal office located in North Carolina. Doc. 1 ¶ 2. Therefore, Plaintiff must list the main office of Bank of America as designated in its articles of association so that the Court can determine if complete diversity exists.
Accordingly, it is hereby ORDERED as follows:
1. Plaintiff is directed to SHOW CAUSE as to why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff shall file a written response with the Court within FOURTEEN (14) DAYS from the date of this Order. Additionally, within FOURTEEN (14) DAYS from the date of this Order, Plaintiff may file an amended complaint which adequately alleges this Court's jurisdiction. Failure to respond within the time provided will result in the dismissal of this case without further notice.
DONE AND ORDERED.
