Opinion
6:24-cv-732-JA-LHP
05-01-2024
KINSALE INSURANCE COMPANY, Plaintiff, v. JERNIGAN GARDENS FL TC, LP, MILLENNIA HOUSING MANAGEMENT, LTD, LLC, and DEVIN GAINES, Defendants.
ORDER
This case is before the Court on review of the Complaint (Doc. 1).
Federal courts are courts of limited jurisdiction. “[B]ecause a federal court is powerless to act beyond its statutory grant of subject matter jurisdiction, a court must zealously insure that jurisdiction exists over a case, and should itself raise the question of subject matter jurisdiction at any point in the litigation where a doubt about jurisdiction arises.” Smith v. GTE Corp., 236 F.3d 1292, 1299 (11th Cir. 2001).
In the Complaint (Doc. 1). Plaintiff bases federal jurisdiction on diversity of citizenship under 28 U.S.C. § 1332. But Plaintiff has not sufficiently pleaded diversity of citizenship or the amount in controversy.
Plaintiff has properly identified its own citizenship and that of Defendants Devin Gaines and Millennia Housing Management LTD, LLC. However, Plaintiff has not sufficiently alleged the citizenship of Defendant Jernigan Gardens FL TC, LP. Plaintiff states that Jernigan “is a limited partnership with its general partners domiciled in Cleveland, Ohio” and alleges that “Jernigan is accordingly a citizen of Ohio.” (Compl. ¶ 7). But “for purposes of diversity of citizenship, a limited partnership is a citizen of each state in which any of its partners, limited or general, are citizens.” Rolling Greens MHP, L.P. v. Comcast SCH Holdings, LLC, 374 F.3d 1020, 1021 (11th Cir. 2004) (citing Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990)). Because Plaintiff has not identified the limited partner(s) of Jernigan or the citizenships of the limited partner(s), the Court cannot ascertain whether the parties are of diverse citizenship.
Additionally, Plaintiff only conclusorily alleges that the amount in controversy exceeds $75,000 as required under 28 U.S.C. § 1332. (See Compl. ¶ 2). Plaintiff does not explain what the amount in controversy is or why it exceeds $75,000. Repleading on this point is also required.
Accordingly, it is ORDERED as follows:
1. The Complaint (Doc. 1) is dismissed without prejudice.
2. No later than May 14, 2024, Plaintiff shall file an amended complaint that establishes the citizenship of Defendant Jernigan Gardens FL