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Barrios v. Carnival Corporation, infdco20200302544 (2020)

Court: District Court, N.D. Florida Number: infdco20200302544 Visitors: 10
Filed: Feb. 26, 2020
Latest Update: Feb. 26, 2020
Summary: ORDER ON SUBJECT MATTER JURISDICTION FEDERICO A. MORENO , District Judge . THIS CAUSE came before the Court upon Defendant's Notice of Providing Information and Evidence Establishing Citizenship (D.E. 62), filed on February 21, 2020 . THE COURT has considered the notice and its exhibits, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ADJUDGED that, after review of the information and documentary evidence submitted by both the Plaintif
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ORDER ON SUBJECT MATTER JURISDICTION

THIS CAUSE came before the Court upon Defendant's Notice of Providing Information and Evidence Establishing Citizenship (D.E. 62), filed on February 21, 2020.

THE COURT has considered the notice and its exhibits, the pertinent portions of the record, and being otherwise fully advised in the premises, it is

ADJUDGED that, after review of the information and documentary evidence submitted by both the Plaintiff and the Defendant, the Court finds, by a preponderance of the evidence, that complete diversity of jurisdiction exists in this case. See 28 U.S.C. § 1332(a). Plaintiff submits evidence, in the form of a copy of his driver's license, that he is a citizen of Arizona. Defendant, meanwhile, furnishes the Court with the following proof to establish that it is a citizen of Panama and Florida: (1) Third Amended and Restated Articles of Incorporation of Carnival Corporation, (2) Certificate of Application to Conduct Business in Florida, (3) Foreign Profit Corporation Annual Report, and (4) Affidavit of Monica Borcegue, Litigation Representative at Carnival.

Collectively, the Court finds that these documents convincingly prove that Defendant is a foreign corporation incorporated under the laws of the Republic of Panama, with its principal place of business in Miami, Florida. Regarding the latter, to determine a corporation's principal place of business, courts apply the "nerve center" test—"best read as referring to the place where a corporation's officers direct, control, and coordinate the corporation's activities." Hertz Corp. v. Friend, 559 U.S. 77, 92 (2010). Monica Borcegue's affidavit explains that Defendant's headquarter corporate office is located in Miami, where "1,786 employees, who work among 115 departments, including 26 parent departments," work each day. Furthermore, Defendant's annual report details that Defendant's highest corporate officers are located in Miami, and lists the corporation's "Current Principal Place of Business" is in Miami. The Court is satisfied that these documents collectively establish that Defendant is a citizen of Florida.

Accordingly, having found that complete diversity of jurisdiction exists, the Court returns the record, as supplemented, to the Eleventh Circuit Court of Appeals for further proceedings.

DONE AND ORDERED.

Source:  Leagle

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