Valdastri v. Valdastri

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

ERNEST VALDASTRI,

Plaintiff,

v. Case No.: 2:25-cv-406-SPC-KCD

JOHN VALDASTRI,

Defendant. /

ORDER Before the Court is Plaintiff Ernest Valdastri’s Complaint (Doc. 1). As outlined below, Plaintiff’s complaint is dismissed without prejudice for lack of subject-matter jurisdiction. Plaintiff invokes the Court’s diversity jurisdiction under 28 U.S.C. § 1332(a). Diversity jurisdiction requires that the plaintiff and defendant are citizens of different states. 28 U.S.C. § 1332(a)(1). To establish diversity of citizenship, Plaintiff alleges that he is a Florida resident and Defendant is a New Jersey resident. (Doc. 1 ¶¶ 1–2). But residency is not the same as citizenship. See Taylor v. Appleton, 30 F.3d 1365, 1367 (11th Cir. 1994) (“Citizenship, not residence, is the key fact that must be alleged in the complaint to establish diversity for a natural person”). Rather, a person’s citizenship is determined by his “domicile,” or “the place of his true, fixed, and permanent home and principal establishment . . . to which he has the intention of returning whenever he is absent therefrom.” McCormick v. Aderholt, 293

F.3d 1254, 1257–58 (11th Cir. 2002). Federal courts are courts of limited jurisdiction and have “an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh v. Y.H.

Corp., 546 U.S. 500, 514 (2006) (citing Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999)). “In a diversity action, the Court must ensure that the plaintiff alleges that the amount in controversy exceeds $75,000 and that the citizenship of the parties is completely diverse.” Kunce v. SPM of Alabama,

LLC, No. 6:25-CV-533-PGB-RMN, 2025 WL 974674, at *1 (M.D. Fla. Apr. 1, 2025). Because Plaintiff fails to allege the parties are citizens of different states, he fails to establish this Court’s subject-matter jurisdiction over this action.

Accordingly, it is now ORDERED: 1. Plaintiff Ernest Valdastri’s complaint (Doc. 1) is DISMISSED without prejudice for lack of subject-matter jurisdiction.

2. Plaintiff may file an amended complaint on or before June 2, 2025. Failure to do so will cause the Court to close this case without further notice. DONE and ORDERED in Fort Myers, Florida on May 19, 2025.

tite POLSTER otal UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record