Opinion
2:23-cv-67-SPC-NPM
02-07-2023
AMERISURE MUTUAL INSURANCE COMPANY, Plaintiff, v. MAMMOTH CONSTUCTORS, LLC and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, Defendants.
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SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Before the Court is Plaintiff Amerisure Mutual Insurance Company's Amended Complaint for a declaratory judgment stemming from an insurance dispute. (Doc. 8). The Court dismissed the original complaint for lack of subject matter jurisdiction. (Doc. 6). For the initial pleading, Plaintiff did not show complete diversity because it did not identify the members of Defendant Mammoth Constructors, LLC's citizenships or domiciles. (Doc. 6). In dismissing, the Court explained how Plaintiff could fix the jurisdictional defects.
Plaintiff has tried again. But the Amended Complaint still fails to show complete diversity. The Amended Complaint alleges Mammoth has two members, “Harold James Ordway” and “Kevin Gerard Rodrique (sic),” and lists their personal addresses. (Doc. 8 at ¶ 2). But the addresses only establish the members' residencies not their citizenships nor domiciles. See Molinos Valle Del Cibao, C. por A. v. Lama, 633 F.3d 1330, 1341-42 (11th Cir. 2011) (“Domicile is not synonymous with residence; one may temporarily reside in one location, yet retain domicile in a previous residence.”). And residency is not enough for diversity jurisdiction. Instead, a person's citizenship is determined by his “domicile,” or “the place of his true, fixed, and permanent home and principal establishment . . . to which he has the intention of returning whenever he is absent therefrom.” McCormick v. Aderholt, 293 F.3d 1254, 1257-58 (11th Cir. 2002); see also Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Because the Complaint still fails to plead complete diversity of the parties' citizenship, the Court must dismiss this action for lack of subject-matter jurisdiction.
Accordingly, it is now
ORDERED:
1. The Amended Complaint (Doc. 6) is DISMISSED without prejudice.
2. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case.
DONE and ORDERED
Copies: All Parties of Record