IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF FLORIDA 

TALLAHASSE DIVISION 

___________________________________ 

) 

DINA PARTIN, ) 

 Plaintiff, ) 

) 

v. ) Civil Action No. 4:20 cv 00065 (RH) 

) 

AMTEC LESS LETHAL SYSTEMS, INC., ) 

 Defendant. ) 

___________________________________ ) 

DEFENDANT’S MOTION TO DISMISS 

FOR LACK OF DIVERSITY JURISDICTION 

AND INCORPORATED MEMORANDUM OF LAW

Pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, Defendant 

AMTEC Less Lethal System, Inc. (“ALS”), through the undersigned counsel, respectfully 

submits this motion to dismiss the complaint by plaintiff, Dina Partin. Defendant is entitled 

to judgment as a matter of law because this Court lacks diversity jurisdiction on account of 

both Plaintiff and Defendant being citizens of Florida. In support of this memorandum, 

Defendant relies on Plaintiff’s complaint (“ECF No. 1”), and the attached sworn Declaration. 

Plaintiff alleges that, “This Court has jurisdiction over this matter pursuant to 28 

U.S.C. §1332 (diversity jurisdiction) as it is between citizens of different states . . . . 

Plaintiff, DINA PARTIN, . . . is a citizen of the State of Florida. . . . Defendant, AMTEC 

LESS LETHAL SYSTEMS, INC. . . . is a corporation incorporated under the laws of 

Wisconsin with its principal place of business in Virginia [sic].” Complaint, ¶¶1-3. 

“[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.” 28 U.S.C. §1332(c)(1). ALS’ principal place of business is in Perry, Florida. 

Declaration of Joseph E. Schmitz, ¶3 (attached). Accordingly, as both Plaintiff and 

Defendant are Florida citizens, this Court lacks diversity jurisdiction, and should dismiss. Cf.

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Moll v. Allstate Floridian Ins. Co., 2005 WL 2007104 (NDFL 2005) (“AFIC's principal place 

of business is located in Florida. Accordingly, AFIC must be considered a citizen of Florida 

for diversity purposes. Since the named plaintiffs, as well as the large majority of any 

putative class members, are Florida citizens, diversity jurisdiction does not exist . . . .”); see 

University of S. Alabama v. American Tobacco, 168 F.3d 405, 410 (11th Cir. 1999) (“A 

necessary corollary to the concept that a federal court is powerless to act without jurisdiction 

is the equally unremarkable principle that a court should inquire into whether it has subject 

matter jurisdiction at the earliest possible stage in the proceedings. Indeed, it is well settled 

that a federal court is obligated to inquire into subject matter jurisdiction sua 

sponte whenever it may be lacking.”).1

WHEREFORE, ALS respectfully requests that the Court grant this motion, and 

dismiss the diversity lawsuit for lack of complete diversity. 

Dated: March 6, 2020 Respectfully submitted, 

Attorney for Defendant ALS

                                                            

1

 ALS reserves its rights to move to dismiss for failure to state a claim upon which relief can be granted and 

for sanctions based on filing a frivolous lawsuit that is precluded by workers comp. exclusivity. Florida’s 

Worker’s Compensation Statute § 440.11 (“an employer’s actions shall be deemed to constitute an 

intentional tort and not an accident only when the employee proves, by clear and convincing evidence, that 

... the employer engaged in conduct that the employer knew, based on prior similar accidents or on explicit 

warning specifically identifying a known danger, was virtually certain to result in injury or death to the 

employee....”); cf. In re. P. I. v. Blackwater, No. 2006-LDA-00015, Slip Op. at 15 (U.S. Dep’t of Labor 

2009) (“It is settled that willful, wanton, reckless and unlawful misconduct are insufficient to avoid the 

[federal workers compensation law known as the Defense Base] Act‘s exclusivity as a remedy. ―Nothing 

short of a specific intent to injure the employee falls outside the [Act‘s] scope. Something approaching 

King David‘s plot to kill Uriah the Hittite must be shown.” (footnotes omitted)). 

 

/s/ David L. McGee 

David L. McGee 

Florida Bar #220000 

BEGGS & LANE RLLP 

501 Commendencia Street 

Pensacola, Florida 32502 

(850) 469-3332 

dlm@beggslane.com 

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