Adeyinka v. Perfect Privacy LLC
1:25-cv-00145
D.N.M.Mar 11, 2025Background
- Plaintiff Emmanuel Adeyinka sued Perfect Privacy, LLC (a domain registrar) and Christopher Fagbolu regarding the domain "adeyinka.com" which shares Plaintiff’s last name.
- Plaintiff alleged that defendants used the domain for identity theft, economic abuse, emotional distress, and other unlawful purposes since 2003.
- Plaintiff asserted claims for cyberbullying, identity theft, intentional infliction of emotional distress, tortious interference with prospective economic advantage, and unjust enrichment.
- Plaintiff claimed diversity jurisdiction based on residency: he in Texas, Perfect Privacy in Florida, and Fagbolu in New Mexico.
- Magistrate Judge Yarbrough identified pleading defects: no amount in controversy alleged, citizenship not adequately alleged (only residency), and no member citizenship alleged for the LLC; also, plaintiff’s factual allegations were insufficient to state a viable claim.
- Plaintiff failed to respond to the court’s order to show cause or amend his complaint, and the court dismissed the case for lack of subject-matter jurisdiction, without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Diversity Jurisdiction | Parties are from different states | Not addressed in text | Insufficient facts to establish jurisdiction |
| Amount in Controversy | Implied damages over $75,000 | Not addressed in text | No allegation; jurisdiction not established |
| Citizenship (residency v. citizenship) | Plaintiff and defendants reside in different states | Not addressed in text | Residency insufficient for citizenship |
| Stating valid claims | Defendants caused harm through use of domain name | Not addressed in text | Claims not sufficiently pleaded |
Key Cases Cited
- Siloam Springs Hotel, L.L.C. v. Century Surety Co., 781 F.3d 1233 (10th Cir. 2015) (LLC citizenship determined by citizenship of all members, not just registration)
- Middleton v. Stephenson, 749 F.3d 1197 (10th Cir. 2014) (citizenship requires intent to remain, not just residence)
- Whitelock v. Leatherman, 460 F.2d 507 (10th Cir. 1972) (residency alone insufficient to establish federal jurisdiction)
- State Farm Mut. Auto. Ins. Co. v. Dyer, 19 F.3d 514 (10th Cir. 1994) (citizenship requires more than residency)
- Brereton v. Bountiful City Corp., 434 F.3d 1213 (10th Cir. 2006) (dismissals for lack of jurisdiction are without prejudice)