Patrick F. Dye, Jr. v. Jimmy Sexton
695 F. App'x 482
| 11th Cir. | 2017Background
- Sexton removed the state-court complaint invoking diversity jurisdiction.
- Dye is a Georgia citizen; Sexton is a Tennessee citizen; SportsTrust is an LLC with one member (Dye) per amended notice.
- Plaintiffs moved to remand, arguing SportsTrust lacked proper citizenship data and existed only to defeat diversity.
- Sexton amended removal to reflect SportsTrust as an LLC with Dye as the sole member, supported by state-record documents.
- The district court remanded, finding Sexton failed to establish SportsTrust’s citizenship and that amended allegations were untimely.
- This Court reverses, holds amendments under 28 U.S.C. § 1653 may cure defective removal allegations, and remands for leave to amend.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether remand was proper on procedural grounds | Dye argues lack of subject matter jurisdiction due to citizenship defects. | Sexton contends district court should consider amended removal. | Remand on procedural defects proper; subject-matter jurisdiction remains with the district court’s review. |
| Whether § 1653 allows curing defective removal allegations | Remand decision barred by untimely amendments; no cure available. | Amendments should cure citizenship defects. | Amendments may cure defective removal allegations; remedy available under § 1653. |
| Whether diversity exists after amended removal | SportsTrust and Sexton are Tennessee citizens, defeating diversity. | SportsTrust is an LLC with Dye as sole member, creating complete diversity with Sexton. | Diversity exists; district court should consider amended removal. |
Key Cases Cited
- Corp. Mgmt. Advisors, Inc. v. Artjen Complexus, Inc., 561 F.3d 1294 (11th Cir. 2009) (procedural defects in removal can be cured; jurisdictional defects may be amended)
- Artjen Complexus, Inc. v. Corp. Mgmt. Advisors, Inc., 561 F.3d 1294 (11th Cir. 2009) (remand for lack of citizenship is a procedural defect curable under § 1653)
- Bethesda Mem’l Hosp., Inc. v. Bouaphakeo, 123 F.3d 1407 (11th Cir. 1997) (authority on remand timing and procedural defects assertion)
- Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020 (11th Cir. 2004) (LLC citizenship for diversity: member citizenship matters)