Bennett v. William Raveis-Florida, LLC
2:24-cv-01064
M.D. Fla.Nov 21, 2024Background
- Plaintiffs Paul and Tressa Bennett filed suit against William Raveis-Florida, LLC, alleging violations of Florida’s Deceptive and Unfair Trade Practices Act and related common law claims.
- The Bennetts assert the Court’s subject-matter jurisdiction under federal diversity jurisdiction (28 U.S.C. § 1332(a)).
- Defendant William Raveis-Florida, LLC is a limited liability company (LLC).
- Plaintiffs alleged that the LLC’s members are citizens of Massachusetts and/or Connecticut but did not identify them individually.
- The Court examined whether there was complete diversity between the parties, as required for federal jurisdiction.
- The Complaint was dismissed without prejudice for failure to adequately allege the citizenship of all LLC members; Plaintiffs may amend their complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether diversity exists | Defendant's members are citizens of MA/CT | Not addressed | Plaintiffs failed to sufficiently allege diversity |
| Sufficiency of Complaint | Complaint is adequate as filed | Not addressed | Complaint is deficient; lacks required details |
| Jurisdictional burden | Jurisdiction is proper under §1332(a) | Not addressed | Plaintiffs failed to meet burden for jurisdiction |
| Requirement for LLCs | General statement of members' citizenship is enough | Not addressed | Each member and citizenship must be specifically pled |
Key Cases Cited
- Arbaugh v. Y.H. Corp., 546 U.S. 500 (federal courts must independently confirm subject-matter jurisdiction)
- Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020 (11th Cir. 2004) (LLC citizenship determined by all members' citizenship)
- McCormick v. Aderholt, 293 F.3d 1254 (11th Cir. 2002) (complete diversity is necessary for jurisdiction)
- Flintlock Constr. Servs., LLC v. Well-Come Holdings, LLC, 710 F.3d 1221 (11th Cir. 2013) (diversity fails if any LLC member is not diverse)