Opinion
2:22-cv-573-SPC-KCD
09-14-2022
SFR SERVICES, LLC, Plaintiff, v. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant.
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SHERI POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE
Before the Court is Plaintiff SFR Services LLC's Complaint. (Doc. 1). This is a breach of contract case where SFR claims the Court has diversity jurisdiction.
Because federal courts have limited jurisdiction, they 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). Federal courts have original jurisdiction over cases with complete diversity and an amount in controversy over $75,000, exclusive of interest and costs. 28 U.S.C. § 1332(a). Here, SFR has provided insufficient information about the citizenship of Defendant Heritage Property & Casualty Insurance Company. All that's pled is “Defendant is a Florida For-Profit Corporation in the business of insurance, and conducting business in Fort Myers, Lee County, Florida, and throughout the State of Florida.” (Doc. 1 at 2). But a corporation is a citizen of “every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business...” 28 U.S.C. § 1332(c)(1) (emphasis added). Because SFR has neither explicitly stated where Heritage is incorporated nor alleged anything about where Heritage's principal place of business is located, the Court can only speculate about its citizenship. But speculation is not enough for Plaintiff to meet its jurisdictional burden. The Court thus finds that is lacks subject matter jurisdiction over this action and dismisses the Complaint without prejudice.
Accordingly, it is now
ORDERED:
1. The Complaint (Doc. 1) is DISMISSED without prejudice for lack of subject matter jurisdiction.
2. Plaintiff SFR Services LLC may file an amended complaint on or before September 21, 2022. Failure to do so will cause this action to be closed without further notice.
DONE and ORDERED.