UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 22-cv-62268-BLOOM/Valle

JESSE IWUJI MOTORSPORTS, LLC, 

Plaintiff, 

v. 

EQUITY PRIME MORTGAGE, LLC, 

Defendant. 

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SECOND ORDER OF DISMISSAL WITH LEAVE TO AMEND

THIS CAUSE is before the Court upon a review of Plaintiff’s Amended Complaint, ECF 

No. [5], filed on December 6, 2022. The Court previously dismissed Plaintiff’s Complaint, ECF 

No. [1], for lack of subject matter jurisdiction because Plaintiff failed to adequately allege the 

citizenships of its members and Defendant’s members. See ECF No. [4]. Upon review, the 

Amended Complaint fares no better. 

In the Amended Complaint, Plaintiff again alleges that the Court has original jurisdiction 

in this case pursuant to 28 U.S.C. § 1332(a). With respect to the citizenships of the parties, the 

Complaint alleges that Plaintiff is a Florida limited liability company (“LLC”), and that Defendant 

is a Georgia LLC, whose only known member is an individual citizen of Georgia. ECF No. [5] 

¶¶ 1-3. The Amended Complaint further alleges that Plaintiff’s members are two individuals, who 

are citizens of Texas and Florida, and Mariana Holdings LLC, which is alleged to be a citizen of 

Wyoming. Id. ¶ 3. The Amended Complaint, however, contains no allegations with respect to the 

members of Mariana Holdings LLC, or their citizenships. 

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As the Eleventh Circuit has held on numerous occasions, “[f]or the purpose of determining 

diversity jurisdiction, a limited liability company is a citizen of any state of which a member of 

the company is a citizen.” Flintlock Constr. Servs. v. Well-Come Holdings, LLC, 710 F.3d 1221, 

1224 (11th Cir. 2013). Thus, to sufficiently allege the citizenship of an LLC, “a party must list the 

citizenships of all the members of the limited liability company.” Mallory & Evans Contrs. & 

Eng'rs, LLC v. Tuskegee Univ., 663 F.3d 1304, 1305 (11th Cir. 2011). As in this case, “it is 

common for an LLC to be a member of another LLC.” Purchasing Power, LLC v. Bluestem 

Brands, Inc., 851 F.3d 1218, 1220 (11th Cir. 2017). “Consequently, citizenship of LLCs often ends 

up looking like a factor tree that exponentially expands every time a member turns out to be another 

LLC, thereby restarting the process of identifying the members of that LLC.” Id. Here, the 

Amended Complaint fails to set forth the citizenships of the members of Mariana Holdings LLC, 

and therefore, the jurisdictional allegations with respect to Plaintiff are insufficient.

If the party invoking the court’s jurisdiction fails to adequately do so, as Plaintiff has here, 

it cannot satisfy its burden of establishing diversity of citizenship. Rolling Greens MHP, L.P. v. 

Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). The Amended Complaint 

fails again to properly allege the parties’ complete diversity of citizenship, meaning that the Court 

still lacks sufficient information to satisfy the jurisdictional inquiry, and the allegations in the 

Amended Complaint are insufficient to confer subject matter jurisdiction in this case under 28 

U.S.C. § 1332(a).

Accordingly, it is ORDERED AND ADJUDGED that the Amended Complaint, ECF No. 

[5], is DISMISSED WITHOUT PREJUDICE. Plaintiff may file a Second Amended Complaint 

that properly sets forth the basis for jurisdiction, no later than December 12, 2022. 

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DONE AND ORDERED in Chambers at Miami, Florida, on December 7, 2022.

_________________________________

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to: 

Counsel of Record

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