Aldabe v. Environmental Services, Inc.
3:25-cv-00166
| M.D. Fla. | Mar 25, 2025Background
- Fermin Aldabe filed a complaint in the Middle District of Florida against Environmental Services, Inc. (ESI) and Onebeacon Insurance Group, LLC, asserting diversity jurisdiction under 28 U.S.C. § 1332.
- Plaintiff alleged ESI is a corporation organized in Florida, but did not specify its principal place of business.
- Plaintiff alleged Onebeacon is a corporation formed in Minnesota, but information in the complaint suggested it may be a limited liability company (LLC), not a corporation.
- The determination of citizenship for purposes of diversity jurisdiction varies for corporations (state of incorporation and principal place of business) and LLCs (citizenship of all members).
- The court is addressing the issue sua sponte due to the obligation to ensure subject matter jurisdiction exists.
- Plaintiff had previously filed a similar case (Aldabe I), was instructed on how to correct jurisdictional deficiencies, but failed to correct them, leading to dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether diversity jurisdiction is properly alleged | Plaintiff asserts diversity under §1332 | Not stated | Diversity not adequately alleged; must cure |
| Sufficiency of citizenship allegation for ESI | States ESI is incorporated in Florida | Not stated | Insufficient; principal place of business required |
| Sufficiency of citizenship allegation for Onebeacon | States Onebeacon is a "corporation" | Not stated | Insufficient; must clarify entity and allege members/or principal place |
| Plaintiff's compliance with prior court instructions | Plaintiff refiled with similar issues | Not stated | Plaintiff given one final chance to cure |
Key Cases Cited
- Kirkland v. Midland Mortg. Co., 243 F.3d 1277 (Eleventh Circuit courts have an obligation to address subject matter jurisdiction sua sponte)
- Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405 (Federal courts must always ensure subject-matter jurisdiction is present)
- Baltin v. Alaron Trading, Corp., 128 F.3d 1466 (Outlines the three bases for federal court subject matter jurisdiction)
- Hertz Corp. v. Friend, 559 U.S. 77 (Defines 'principal place of business' for corporations as the 'nerve center')
- Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020 (For LLCs, citizenship is based on all members)
- Xaros v. U.S. Fid. & Guaranty Co., 820 F.2d 1176 (LLCs and partnerships take the citizenship of all members/partners)