JOINT SUGGESTION OF LACK OF SUBJECT MATTER JURISDICTION PURSUANT 

TO FED. R. CIV. P. 12(h)(3)

The Plaintiff/Counter-Defendant, JESSE IWUJI MOTORSPORTS, LLC, and the 

Defendant/Counter-Plaintiff, EQUITY PRIME MORTGAGE, LLC, by and through undersigned

counsel, hereby file this Suggestion of Lack of Subject Matter Jurisdiction, and state:

1. This present action was filed on December 5, 2022.

2. This cause is set for trial during the docket commencing July 1, 2024.

3. In the Plaintiff’s Second Amended Complaint, JESSE IWUJI MOTORSPORTS, 

LLC (“JIM”), listed its members as follows:

1) Emmitt James Smith II, a citizen of the State of Texas;

2) Michael P. Antonucci, a citizen of the State of Florida;

3) Mariana Holdings LLC, a Wyoming entity, whose members are:

a) Matthew Casto, a citizen of the State of Michigan; and

b) Jesse Iwuji, a citizen of the state of Texas.

[D.E. 7 at ¶ 3].

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

CASE NO.: 0:22-cv-62268-BB

JESSE IWUJI MOTORSPORTS, LLC,

Plaintiff,

v.

EQUITY PRIME MORTGAGE, LLC,

Defendant.

_________________________________/

Case 0:22-cv-62268-BB Document 64 Entered on FLSD Docket 05/28/2024 Page 1 of 4
4. The Plaintiff further alleged that the Defendant’s only known member, Eduardo G. 

Perez, Jr., is a citizen of the State of Georgia. Id.

5. In its counterclaim filed on February 9, 2023, the Defendant/Counter-Plaintiff, 

EQUITY PRIME MORTGAGE, LLC (“EPM”), alleged that “there is complete diversity of 

citizenship between the parties.” [D.E. 10 at ¶ 1].

6. On May 6, 2024, the parties filed a Pretrial Stipulation. [D.E. 50].

7. In Section II, EPM disclosed that at this time “Defendant’s members are citizens of 

Georgia, Florida, New Jersey and Rhode Island.” Id. (emphasis supplied).

8. This action was filed under 28 U.S.C. §1132(c), under this Court’s ability to 

adjudicate matters of state law where there is a diversity of citizenship between the parties. Plaintiff 

and Defendant are limited liability corporations, organized under the laws of the state of Florida 

(Plaintiff) and Georgia (Defendant). For purposes of determining whether the Court may assert 

subject matter jurisdiction in a diversity proceeding, “a limited liability company is a citizen of 

any state of which a member of the company is a citizen.” Rolling Greens MHP, L.P. v. Comcast

SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Further, “a party's citizenship for

diversity purposes is determined at the time suit is filed, without regard to later changes in

citizenship.” Orchid Quay, LLC v. Suncor Bristol Bay, LLC, 178 F. Supp. 3d 1300, 1306 (S.D. 

Fla. 2016).

9. On May 16, 2024, when it was discovered that both JIM and EPM have a member 

who is a citizen of Florida, counsel for JIM immediately contacted counsel for EPM to advise of 

their concerns that this Court may lack subject matter jurisdiction over this cause given the lack of 

complete diversity between the members of two limited liability companies.

Case 0:22-cv-62268-BB Document 64 Entered on FLSD Docket 05/28/2024 Page 2 of 4
10. Counsel for the parties had phone calls and exchanged emails to try and determine 

the issue of diversity of citizenship. 

11. Research was conducted as to Georgia law pertaining to what constitutes 

membership in a limited liability company.

12. On May 23, 2024, counsel for EPM, in response to a request from counsel for JIM, 

provided copies of a 2022 K-1 and Membership Interest Assignment Agreement dated October 

13, 2022.

13. The documents produced confirm that since October 13, 2022, EPM’s members 

consisted of Eduardo G. Perez, Jr. (Georgia) and Philip Mancuso (Florida).

14. Accordingly, pursuant to Fed. R. Civ. P. 12(h)(3) the parties respectfully suggest to 

this Court lacks subject matter jurisdiction because when this action was filed there was not a 

complete diversity of citizenship between the members of the two limited liability companies.

15. Further, counsel for the Plaintiff/Counter-Defendant has coordinated Mediation 

with Magistrate Judge Alicia O. Valle’s Chambers as required by paperless Order [D.E. 63].

HEITNER LEGAL, P.L.L.C.

By: /s/ Darren A. Heitner 

Darren A. Heitner (Fla. Bar No. 85956)

215 Hendricks Isle

Ft. Lauderdale, Florida 33301

Telephone: (954) 558-6999

E-mail: darren@heitnerlegal.com

Attorney for Plaintiff

KREINER BURNS

BY: /S/ Seth A. Kreiner

Seth A. Kreiner, Esq., 

Florida Bar No.: 432040

950 Peninsula Corporate Circle/Suite 3001 

Boca Raton / Florida / 33487 

Case 0:22-cv-62268-BB Document 64 Entered on FLSD Docket 05/28/2024 Page 3 of 4
(p)(561)901-8400 (f)(561)666-9700 

E-Mail: seth@kreinerlawfirm.com

Attorney for Defendant/Counterclaimant

CERTIFICATE OF SERVICE

I hereby certify that on May 28, 2024, a true and correct copy of the foregoing was electronically 

filed using CM/ECF.

Case 0:22-cv-62268-BB Document 64 Entered on FLSD Docket 05/28/2024 Page 4 of 4