Carla Eisenberg v. Jimmy Lee McCulley

Case: 15-10323 Date Filed: 06/11/2015 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 15-10323
Non-Argument Calendar
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D.C. Docket No. 0:15-cv-60091-WJZ
CARLA EISENBERG,
Plaintiff-Appellant,
versus
JIMMY LEE MCCULLEY,
SMITHPORT FREIGHT, INC.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Florida
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(June 11, 2015)
Before HULL, WILLIAM PRYOR and JULIE CARNES, Circuit Judges.
PER CURIAM:
Case: 15-10323 Date Filed: 06/11/2015 Page: 2 of 3
Carla Eisenberg appeals the dismissal without prejudice of her complaint
and the denial of her motion to amend. The district court ruled that it lacked
subject-matter jurisdiction because Eisenberg failed to allege that there was
complete diversity of citizenship among the parties. 28 U.S.C. § 1332(a)(1). We
affirm.
The district court did not err by dismissing Eisenberg’s complaint. When
federal jurisdiction is invoked based on diversity of the parties, the complaint must
allege that the plaintiff and the defendants are citizens of different states. Id. As the
district court stated in its order of dismissal without prejudice, the complaint failed
to allege the citizenship of Eisenberg or McCulley or to allege the principal place
of business of Smithport Freight.
The district court also did not abuse its discretion when it denied Eisenberg’s
later motion to amend. Eisenberg’s amended complaint contained the same
deficiency involving Smithport Freight. Because a corporation is “deemed to be a
citizen of every State and foreign state by which it has been incorporated and . . .
where it has its principal place of business,” id. § 1332(c)(1), the district court
could not determine whether complete diversity existed among the parties.
McGovern v. Am. Airlines, Inc., 511 F.2d 653, 654 (5th Cir. 1975). Moreover, the
district court made clear that Eisenberg remained free to refile this action if she
believed that federal jurisdiction could be established.
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We AFFIRM the dismissal of Eisenberg’s complaint without prejudice.
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