Opinion
Case No: 2:21-cv-463-SPC-NPM
06-21-2021
GECKO DEVELPMENT CORPORATION, Plaintiff, v. RALPH BENJAMIN O'NEAL, JR. , Defendant.
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Before the Court is a sua sponte review of the file. Plaintiff Gecko Development Corporation brings this diversity action against Defendant Ralph O'Neal, Jr. Since Gecko Development is proceeding in federal court, it must show the parties are completely diverse with an amount in controversy exceeding $75,000. 28 U.S.C. § 1332(a); Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 552 (2005). And district courts are "obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking." Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999).
The Complaint only alleges O'Neal is an individual residing in Alabama. This is not enough to establish his state citizenship for purposes of diversity jurisdiction. "Citizenship, not residence, is the key fact that must be alleged in the complaint to establish diversity for a natural person." Taylor v. Appleton, 30 F.3d 1365, 1367 (11th Cir. 1994). A party's residence in a state—without more—is not enough to show citizenship. E.g., Travaglio v. Am. Express Co., 735 F.3d 1266, 1269 (11th Cir. 2013). Rather, "[c]itizenship is equivalent to domicile for purposes of diversity jurisdiction." Id . (internal quotation marks and citation omitted). The Complaint, therefore, fails to correctly plead the citizenship of O'Neal. Because the Court cannot conclude it has jurisdiction, the Court dismisses the complaint without prejudice. Gecko Development may file an amended complaint that adequately pleads subject-matter jurisdiction. See 28 U.S.C. § 1653.
Accordingly, it is now
ORDERED:
1. Plaintiff's Complaint (Doc. 1) is DISMISSED without prejudice.
2. Plaintiff may file an amended complaint consistent with this Order on or before July 6, 2021. The failure to file a timely amended complaint will result in the case being closed without further notice.
DONE AND ORDERED in Fort Myers, FL on June 21, 2021.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record