SFR Services LLC v. Heritage Property & Casualty Insurance Company

• Court: District Court, M.D. Florida
• Decided: September 14, 2022
• Docket: 2:22-cv-00573
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

SFR SERVICES, LLC,

Plaintiff,

v. Case No.: 2:22-cv-573-SPC-KCD

HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY,

Defendant. / ORDER1 Before the Court is Plaintiff SFR Services LLC’s Complaint. (Doc. 1). This is a breach of contract case where SFR claims the Court has diversity jurisdiction. Because federal courts have limited jurisdiction, they are “obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking.” Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999). Federal courts have original jurisdiction over cases with complete diversity and an amount in controversy over $75,000, exclusive of interest and costs. 28 U.S.C. § 1332(a). Here, SFR has provided insufficient information

1 Disclaimer: Papers hyperlinked to CM/ECF may be subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or their services or products, nor does it have any agreements with them. The Court is not responsible for a hyperlink’s functionality, and a failed hyperlink does not affect this Order. about the citizenship of Defendant Heritage Property & Casualty Insurance Company. All that’s pled is “Defendant is a Florida For-Profit Corporation in

the business of insurance, and conducting business in Fort Myers, Lee County, Florida, and throughout the State of Florida.” (Doc. 1 at 2). But a corporation is a citizen of “every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business…”

28 U.S.C. § 1332(c)(1) (emphasis added). Because SFR has neither explicitly stated where Heritage is incorporated nor alleged anything about where Heritage’s principal place of business is located, the Court can only speculate about its citizenship. But speculation is not enough for Plaintiff to meet its

jurisdictional burden. The Court thus finds that is lacks subject matter jurisdiction over this action and dismisses the Complaint without prejudice. Accordingly, it is now ORDERED:

1. The Complaint (Doc. 1) is DISMISSED without prejudice for lack of subject matter jurisdiction. 2. Plaintiff SFR Services LLC may file an amended complaint on or before September 21, 2022. Failure to do so will cause this action

to be closed without further notice. DONE and ORDERED in Fort Myers, Florida on September 14, 2022.

ites POLSTER atta UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record