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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

LEON ALAN BLAIS,

Plaintiff,

v. Case No. 1:20-cv-21-AW-GRJ

WILLISTON CROSSING EAST, LLC, 

et al.,

Defendants.

_______________________________/

ORDER ADOPTING IN PART REPORT AND RECOMMENDATION

Leon Blais sued the owner and manager of the Williston Crossing RV park 

where he was living. The owner, Williston Crossing East, LLC, filed for eviction 

shortly thereafter.1 Blais alleges that the defendants violated the Americans with 

Disabilities Act (ADA) and the Fair Housing Act (FHA) by discriminating against 

him because of his disability, a “diagnosed balance malady,” ECF No. 7 ¶ 11, and 

retaliating after he raised the issue with management. He also asserted state law 

causes of action. ECF No. 7. The defendants moved to dismiss, ECF No. 18, and 

Blais did not respond. In a May 20, 2020 Report and Recommendation, the 

magistrate judge recommended that the motion be granted. ECF No. 35. Blais has 

not filed any objections to that Report and Recommendation.

 

1 Blais removed the eviction proceeding, but that action was remanded to state 

court. ECF No. 30. 

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As the magistrate judge correctly explained, Blais’s complaint does not allege 

facts that could plausibly support a claim under the ADA or the FHA. So the federal 

claims will be dismissed. That leaves several state claims, but Blais has not 

sufficiently alleged jurisdiction as to those. To the extent Blais relies on pendant 

jurisdiction, I agree with the magistrate judge that the court should decline to 

consider the remaining state claims. See Raney v. Allstate Ins. Co., 370 F.3d 1086, 

1089 (11th Cir. 2004) (“We have encouraged district courts to dismiss any remaining 

state claims when, as here, the federal claims have been dismissed prior to trial.”). 

But Blais does not rely solely on 28 U.S.C. § 1367 supplemental jurisdiction. He 

alleges diversity too. ECF No. 7 ¶ 2. To the extent he relies on that, though, he has 

not alleged sufficient facts. Among the defendants are limited liability companies, 

and their citizenship for diversity purposes turns on the citizenship of each member.

Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 

(11th Cir. 2004). The state claims are therefore dismissed too, based on Blais’s 

failure to allege the membership of each LLC defendant (and the citizenship of the 

individual defendant). If Blais wishes to replead his state-law claims, he must allege 

the citizenship of each party. 

The motion to dismiss (ECF No. 18) is GRANTED. The claims for violations 

of the ADA and the FHA are dismissed for failure to state a claim. The remaining 

claims are dismissed for failure to adequately plead diversity jurisdiction. Blais may 

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file an amended complaint within 14 days. His failure to do so will result in a final 

order of dismissal. 

SO ORDERED on July 17, 2020. 

s/ Allen Winsor

United States District Judge

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