Technolojoy, LLC v. BHPH Consulting Services, LLC ( 2023 )


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  • 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    [DO NOT PUBLISH]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
    ____________________
    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.