Technolojoy, LLC v. BHPH Consulting Services, LLC

• Court: Court of Appeals for the Eleventh Circuit
• Decided: June 8, 2023
• Docket: 23-10874
• Status: Unpublished

Opinion

USCA11 Case: 23-10874 Document: 27-1 Date Filed: 06/08/2023 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-10874 Non-Argument Calendar ____________________

TECHNOLOJOY, LLC, Plaintiff-Counter Defendant-Appellant, IBRAHIM F. ALGAHIM Plaintiff-Counter Defendant, versus BHPH CONSULTING SERVICES, LLC, d.b.a. BHPH Capital Services, SEAN FOUZAILOFF, ANATOLIY SLUTSKIY,

Defendants-Counter Claimants-Appellees. USCA11 Case: 23-10874 Document: 27-1 Date Filed: 06/08/2023 Page: 2 of 3

2 Opinion of the Court 23-10874

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:19-cv-23770-FAM ____________________

Before JILL PRYOR and GRANT, Circuit Judges. PER CURIAM: Upon review of the record and the parties’ responses to the jurisdictional questions, Appellant Technolojoy, LLC’s motion to amend its complaint is GRANTED. We deem the complaint amended to reflect that Technolojoy is a citizen of Florida and Ap- pellee BHPH Consulting Services, LLC is a citizen of Georgia and Texas. See 28 U.S.C. § 1653. While Appellees appear to object to any amendment of the non-jurisdictional allegations, we note that the only substantive changes made in Technolojoy’s second amended complaint are to the allegations regarding citizenship. We are granting its motion only to that extent. The amended jurisdictional allegations now establish that the parties were diverse and that the district court had subject mat- ter jurisdiction over this action in the first instance. See 28 U.S.C. § 1332(a)(1) (providing that federal courts have subject matter ju- risdiction over civil actions between citizens of different states, where the amount in controversy exceeds $75,000); Mallory & Ev- ans Contractors & Eng’rs, LLC v. Tuskegee Univ., 663 F.3d 1304, 1305 (11th Cir. 2011) (explaining that a limited liability company is a USCA11 Case: 23-10874 Document: 27-1 Date Filed: 06/08/2023 Page: 3 of 3

23-10874 Opinion of the Court 3

citizen of any state of which one of its members is a citizen); Trav- aglio v. Am. Exp. Co., 735 F.3d 1266, 1269 (11th Cir. 2013) (explaining that the pleadings must allege a natural person’s citizenship); Lin- coln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005) (explaining that for subject matter jurisdiction to exist under § 1332, there must be complete diversity of citizenship between all plaintiffs and all de- fendants). This appeal may therefore proceed. Technolojoy is DIRECTED to file in the district court a no- tice of this opinion and the second amended complaint reflecting the amended jurisdictional allegations.