Automated Summary
Key Facts
This jurisdictional order from the United States District Court, Middle District of Florida addresses deficiencies in diversity jurisdiction allegations in Case 3:25-cv-00923-MMH-PDB. The Court identified that the pleadings fail to adequately allege citizenship of Danube Logistics USA, Inc. and America 1 Logistics, LLC, including issues with unincorporated entity membership disclosure and citizenship verification. The Court has directed the parties to file Rule 7.1 disclosure statements by September 11, 2025, to resolve these jurisdictional defects and establish proper subject matter jurisdiction.
Issues
- The Court will set a deadline for Danube and America 1 to file their respective Rule 7.1 disclosures to resolve the jurisdictional inquiry. The parties must identify their citizenship consistent with the principles discussed in this Order, including specifying states of incorporation and principal place of business for corporations and identifying citizenships of all members of unincorporated entities.
- The pleading fails to adequately allege the citizenship of certain parties, including Danube Logistics USA, Inc. and America 1 Logistics, LLC. Citizenship allegations must be based on domicile rather than residence for natural persons, and all members of unincorporated entities must be identified with their citizenships disclosed. Allegations premised only on information and belief are insufficient to establish citizenship.
- Whether the Court has subject matter jurisdiction over this action based on diversity jurisdiction under 28 U.S.C. § 1332. The Court is sua sponte inquiring into subject matter jurisdiction as federal courts have an obligation to determine their jurisdiction regardless of whether parties have challenged it.
Holdings
The Court has determined that diversity jurisdiction allegations are defective because the pleading fails to adequately allege citizenship of parties Danube Logistics USA, Inc. and America 1 Logistics, LLC. The Court cannot determine whether it has subject matter jurisdiction over the action. The Court has ordered Danube and America 1 to file Rule 7.1 disclosure statements by September 11, 2025, identifying citizenship of all members of unincorporated entities, states of incorporation and principal place of business for corporations, and citizenships of all members of any unincorporated entity. The Court notes that allegations based only on 'information and belief' are insufficient to establish citizenship for jurisdictional purposes.
Legal Principles
Federal courts have an obligation to inquire into subject matter jurisdiction sua sponte, regardless of whether parties challenge it. Diversity jurisdiction under 28 U.S.C. § 1332 requires proper citizenship allegations for all parties, distinguishing between residence and citizenship (domicile), requiring identification of all members/partners for unincorporated entities, and specifying state of incorporation and principal place of business for corporations. Rule 7.1 of Federal Rules of Civil Procedure requires parties to file disclosure statements identifying citizenship of every individual or entity whose citizenship is attributed to that party.
Precedent Name
- Wilkins v. Stapleton
- Xaros v. U.S. Fid. & Guaranty Co.
- Univ. of S. Ala. v. Am. Tobacco Co.
- Cameron v. Hodges
- Travaglio v. Am. Exp. Co.
- Kirkland v. Midland Mortg. Co.
- Baltin v. Alaron Trading, Corp.
- Taylor v. Appleton
- Hertz Corp. v. Friend
- Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C.
Cited Statute
- Corporation citizenship statute
- Rule 7.1 disclosure requirement
- Federal courts diversity jurisdiction statute
Judge Name
Judge Marcia Morales Howard
Passage Text
- Federal courts are courts of limited jurisdiction and therefore have an obligation to inquire into their subject matter jurisdiction. This obligation exists regardless of whether the parties have challenged the existence of subject matter jurisdiction. In a given case, a federal district court must have at least one of three types of subject matter jurisdiction: (1) jurisdiction under a specific statutory grant; (2) federal question jurisdiction pursuant to 28 U.S.C. § 1331; or (3) diversity jurisdiction pursuant to 28 U.S.C. § 1332(a).
- On or before September 11, 2025, Danube Logistics USA, Inc., and America 1 Logistics, LLC, shall each file the disclosure statement required by Rule 7.1 and Local Rule 3.03 of the United States District Court, Middle District of Florida. The parties must use the Disclosure Statement Form found on the Court's website here and complete the Form consistent with the directives of this Order.
- Diversity. The pleading fails to adequately allege the citizenship of the following parties: Danube Logistics USA, Inc. (Danube), and America 1 Logistics, LLC (America 1). The pleading is deficient because although it uses the word citizenship, the pleading cites to the individual's residence in support such that the Court cannot determine whether the pleader appreciates the distinction between residence and citizenship.