Opinion
2:22-cv-561-JLB-KCD
09-11-2022
HARBORSIDE TERRACE OWNERS ASSOCIATION, INC., Plaintiff, v. LEXINGTON INSURANCE COMPANY, Defendant.
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Kyle C. Dudek, United States Magistrate Judge
This is a Hurricane Irma insurance case based on diversity jurisdiction. For diversity jurisdiction to apply, a plaintiff must allege facts supporting “complete diversity; every plaintiff must be diverse from every defendant.” Travaglio v. Am. Exp. Co., 735 F.3d 1266, 1268 (11th Cir. 2013). If there is any deficiency in subject-matter jurisdiction, the court is constitutionally obligated to dismiss the action. Id. at 1269. The party seeking federal jurisdiction must prove, by a preponderance of the evidence, facts supporting the exercise of jurisdiction. McCormick v. Aderholt, 293 F.3d 1254, 1257 (11th Cir. 2002).
Unless otherwise indicated, all internal quotation marks, citations, and alterations have been omitted in this and later citations.
Harborside does not adequately plead diversity, alleging “upon information and belief” that Lexington Insurance Company is a citizen of Delaware and Massachusetts. (Doc. 1 at 1.) But citizenship cannot be supposed, “nor supplanted by considerations of convenience and efficiency.” See Morrison v. Allstate Indem. Co., 228 F.3d 1255, 1261, 1273 (11th Cir. 2000) (“Jurisdiction cannot be established by a hypothetical.”). To remedy this deficiency, Harborside may file an amended complaint.
Accordingly, it is ORDERED:
Harborside Terrace Owners Association, Inc., may file an amended complaint by September 19, 2022. Failing to do so will result in a recommendation that the complaint (Doc. 1) be dismissed without prejudice for lack of subject-matter jurisdiction.