S. P. et al v. Spinks et al, No. 2:2020cv00995 - Document 21 (M.D. Ala. 2021)

Court Description: OPINION AND ORDER: It is therefore the ORDER, JUDGMENT, and DECREE of the court that plaintiffs have until 4/19/2021, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 4/12/2021. (amf, )

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S. P. et al v. Spinks et al Doc. 21 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION S.P., a minor, and A.F., a minor, who sue by and through their parents, legal representatives and next friends Andrew Finley and Chantel Latreece Presley, his wife; et al., Plaintiffs, v. ERIN THOMPSON SPINKS; and STATE FARM AUTOMOBILE INSURANCE COMPANY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:20cv995-MHT (WO) OPINION AND ORDER The allegations insufficient of to plaintiffs’ invoke complaint this diversity-of-citizenship jurisdiction. are court's The allegations must show that the citizenship of each plaintiff is different from that of each defendant. 28 U.S.C. § 1332. Plaintiffs' complaint fails to meet this standard in two ways. First, the complaint gives the Dockets.Justia.com "residence" rather than the "citizenship" of all plaintiffs and of defendant Erin Thompson Spinks. An allegation that a party is a "resident" of a State is not sufficient to establish that a party is a "citizen" of that State. See Travaglio v. Am. Exp. Co., 735 F.3d 1266, 1269 (11th Cir. 2013) (“Residence alone is not enough.”) (citing Denny v. Pironi, 141 U.S. 121, 123 (1891); Taylor v. Appleton, 30 F.3d 1365, 1367 (11th Cir. 1994) (“Citizenship, not residence, is the key fact that must be alleged in the complaint to establish diversity for a natural person.”)). equivalent to ‘domicile’ for “Citizenship is purposes of diversity jurisdiction. ... And domicile requires both residence in a state and indefinitely....’” ‘an intention Travaglio, 735 to F.3d remain there 1266, 1269 (quoting McCormick v. Aderholt, 293 F.3d 1254, 1257, 1258 (11th Cir. 2002)) (internal citation omitted). Second, allege the plaintiffs’ citizenship complaint of 2 fails defendant to properly State Farm Automobile Insurance Company. Plaintiffs plead that State Farm is a “foreign corporation with its principle [sic.] place Complaint of business (Doc. 1) at in 2. Bloomington, In the Illinois.” answer to the complaint, State Farm avers that it is a mutual company rather than a foreign corporation. 14) at 2. See Answer (Doc. “Whether [State Farm] should be considered a corporation for diversity purposes depend[s] on state law.” Mut. Serv. Cas. Ins. Co. v. Country Life Ins. Co., 859 F.2d 548, 550 (7th Cir. 1988). See also Barnett v. Norfolk & Dedham Mut. Fire Ins. Co., 773 F. Supp. 1529, (“[M]utual 1531 (N.D. insurance Ga. companies 1991) that (Forrester, are J.) incorporated under state law are treated as corporations under 28 U.S.C. § 1332.”). As the complaint does not provide the State or States where State Farm is incorporated, it is unclear determine which whether State State’s Farm State law. 3 law is a should apply corporation to under If State Farm is a corporation, then the complaint must allege the incorporation citizenship and where of the principal place of business. If the entity is a both every State corporation has of its 28 U.S.C. § 1332(c)(1). partnership, the complaint must indicate the citizenship of the individual partners, both general and See limited. Associates, 494 U.S. 185 (1990). Carden v. Arkoma If the entity is an unincorporated association, the complaint must indicate the citizenship of each and every one of its members. See Xaros v. U.S. Fidelity and Guar. Co., 820 F.2d 1176, 1181 (11th Cir. 1987). If the entity is a limited liability company, the complaint must allege “[t]he citizenships liability company.” of all members Rolling Greens of the MHP, limited L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). (And if the entity consists of several entities, the complaint must reflect the citizenship, 4 or citizenships, of each and every entity based on the nature of that entity.) *** It is therefore the ORDER, JUDGMENT, and DECREE of the court that plaintiffs have until April 19, 2021, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. DONE, this the 12th day of April, 2021. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE 5

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