Trutie v. Republic National Distributing Company, LLC
Docket: Case 10-60928-CIV-ZLOCH
Court: District Court, S.D. Florida; June 15, 2010; Federal District Court
The court addressed the jurisdiction of the case Jose Trutie v. Republic National Distributing Company, L.L.C. and Bill Barnes, after the defendants filed a Notice of Removal citing diversity jurisdiction under 28 U.S.C. § 1332. The court previously informed the defendants that their initial Notice of Removal was insufficient to establish jurisdiction and ordered them to file an Amended Notice. However, the Amended Notice also failed to demonstrate adequate diversity of citizenship, as required by § 1332, which mandates that the matter in controversy exceeds $75,000 and involves parties from different states. The court reiterated that federal courts have limited jurisdiction and that the burden is on the parties to affirmatively demonstrate jurisdiction. It emphasized that removal statutes should be strictly construed in favor of remand. Consequently, the court found that the necessary diversity of citizenship was not clearly established in the Amended Notice, leading to a required remand of the case back to state court. Defendants have failed to establish the diversity of citizenship necessary for federal jurisdiction under 28 U.S.C. § 1332, as they did not adequately plead the citizenship of all members of Defendant Republic National Distributing Company, L.L.C. Unlike corporations, a limited liability company is considered a citizen of every state in which its members are citizens. The court referenced Rolling Greens MHP, L.P. v. Comcast SCH Holdings, L.L.C., emphasizing that insufficient allegations regarding citizenship prevent the court from asserting jurisdiction. Consequently, the court has decided to remand the case to state court, stating that it is crucial for federal courts to adhere strictly to jurisdictional requirements to avoid overstepping constitutional and statutory limits. The court ordered the Clerk of the United States District Court, Southern District of Florida, to send a certified copy of the remand order to the appropriate state court and declared all pending motions as moot.