THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 9:20-cv-80484

LAURA LOOMER,

Plaintiff,

v.

FACEBOOK, INC.,

Defendant.

/

MOTION FOR REMAND 

Plaintiff Laura Loomer hereby moves this Court for an order remanding this case to the 

Fifteenth Judicial Circuit for Palm Beach County on the grounds that there is not complete 

diversity among the parties pursuant to 28 U.S.C. § 1441 et seq. Plaintiff Loomer is a citizen of 

Florida. For a court to have diversity jurisdiction pursuant to 28 U.S.C. § 1332(a), "all plaintiffs 

must be diverse from all defendants." Univ. of S. Ala., 168 F.3d at 412. To establish the 

citizenship of a corporation, the federal diversity jurisdiction statute provides that 

a corporation shall be deemed to be a citizen of any State by which it has been incorporated and 

of the State where it has its principal place of business. Hertz Corp. v. Friend, 559 U.S. 77, 80, 

130 S. Ct. 1181, 175 L. Ed. 2d 1029 (2010); see also Flintlock Constr. Servs., LLC v. Well-Come 

Holdings, LLC, 710 F.3d 1221, 1224 (11th Cir. 2013)(for purposes of diversity jurisdiction, 

a corporation "is considered a citizen of every state in which it has been incorporated and 

where it has its principal place of business." (citing 28 U.S.C. § 1332(c)(1)).” FOIA Soc. Club 

Post 1002 Inc. v. Scottsdale Ins. Co., No. 3:13-cv-1336-J-99MMH-JRK, 2013 U.S. Dist. LEXIS 

181133 (M.D. Fla. Dec. 30, 2013) (emphasis added).

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Specifically, 28 U.S.C. § 1332(c)(1) states, in relevant part, “a corporation shall be 

deemed to be 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....” Defendant Facebook was 

initially incorporated in the state of Florida. See 

https://en.wikipedia.org/wiki/History_of_Facebook (“Facebook was initially incorporated as a 

Florida LLC. For the first few months after its launch in February 2004, the costs for the website 

operations for thefacebook.com were paid for by Mark Zuckerberg and Eduardo Saverin, who 

had taken equity stakes in the company. The website also ran a few advertisements to meet its 

operating costs.” Furthermore, as shown hereto in Exhibit 1-A, Defendant Facebook is still 

incorporated in the state of Florida, and maintains active registration. Facebook and its counsel 

by removing the state court action to this Court abused process, was not candid and forthcoming,

and acted in bad faith, for which a separate motion for sanctions will be filed for the attorneys 

fees and costs of having to prepare and file this pleading, as well as other relief the Court may 

deem appropriate.

Thus, pursuant to the express language of 28 U.S.C. § 1332(c)(1), Defendant Facebook 

must be considered a citizen of Florida for the purposes of diversity. Accordingly, there is no 

complete diversity, and this case must therefore be remanded to state court for further 

proceedings. Attached as Exhibit 1 is an Amended Complaint, which has been filed on the 

docket of the originally filed case in Palm Beach County, which reflects and sets forth 

Facebook’s incorporation in Florida as well as Delaware.

Dated: March 27, 2020 Respectfully Submitted,

s/ Larry Klayman_______

Larry Klayman, Esq.

KLAYMAN LAW GROUP P.A. 

Case 9:20-cv-80484-RS Document 8 Entered on FLSD Docket 03/27/2020 Page 2 of 4
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7050 W. Palmetto Park Rd #15-287

Boca Raton FL 33433

Tel: (561) 558-5536

Email: leklayman@gmail.com

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed 

electronically and served through the court’s ECF system to all counsel of record or parties on 

March 27, 2020

/s/ Larry Klayman

Larry Klayman, Esq.

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