Order — sua sponte review of diversity jurisdiction

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 25-61374-CIV-SINGHAL 
 
HERON ENTERPRISES, LLC, 
 
 Plaintiff, 
 
v. 
 
STARBOARD YACHT GROUP LLC;  
and CHARLES J. STRATMANN, 
 
 Defendants. 
_____________________________________/ 
 
ORDER 
 
THIS CAUSE has come before the Court upon a sua sponte review of the record. 
The Complaint alleges diversity jurisdiction pursuant to 28 U.S.C. § 1332 (a), which 
provides: 
(a) The district courts shall have original jurisdiction of all civil 
actions where the matter in controversy exceeds the sum or 
value of $75,000, exclusive of interest and costs, and is 
between-- 
(1) citizens of different States; 
(2) citizens of a State and citizens or subjects of a foreign state, 
except that the district courts shall not have original 
jurisdiction under this subsection of an action between 
citizens of a State and citizens or subjects of a foreign state 
who are lawfull y admitted for permanent residence in the 
United States and are domiciled in the same State; 
(3) citizens of different States and in which citizens or subjects 
of a foreign state are additional parties; and 
(4) a foreign state, defined in section 1603(a) of this title, as 
plaintiff and citizens of a State or of different States. 
 
“Federal courts are obligated to inquire into subject-matter jurisdiction sua sponte 
whenever it may be lacking.”  Williams v. Chatman, 510 F.3d 1290, 1293 (11th Cir. 2007) 
(internal quotation marks omitted). If jurisdiction is not definitively determined at the trial 
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court, the case is subject to dismissal or remand by the Eleventh Circuit after judgment is 
entered. See Thermoset Corp. v. Building Materials Corp. of America,  849 F.3d 1313, 
1321 (11th Cir. 2017) (remanding case to state court after appellate jurisdictional inquiry 
found that an indispensable party was not diverse at time of removal).  Although the 
burden of establishing jurisdiction is on the party seeking to invoke it, “when the parties 
do not do their part, the burden falls on the courts to make sure parties satisfy the 
requirements of diversity jurisdiction. We must be vigilant in forcing parties to meet the 
unfortunate demands of diversity jurisdiction in the 21st century.” Purchasing Power, LLC 
v. Bluestem Brands, Inc., 851 F.3d 1218, 1228 (11th Cir. 2017). 
Upon the Court’s review of the Complaint, the requirements of diversity of 
citizenship are not properly alleged. 
Residence is not citizenship. The Complaint alleges, for instance, that Charles 
J. Stratmann “is and was an individual residing in Broward County, Florida. . .”  (DE [1] 
at ¶ 6).  To establish the citizenship of a natural person, the pleadings must allege the 
person’s citizenship or domicile; allegations of residence are insufficient. Travaglio v. Am. 
Express Co., 735 F.3d 1266, 1268-69 (11th Cir. 2013). 
Limited Liability Company. The Complaint alleges that Heron Enterprises and 
Starboard Yacht Group are both limited liability companies.  (DE [1] at ¶¶ 4 -5).  But the 
citizenship of a limited liability company includes the citizenship of each member.  See 
Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C ., 374 F.3d 1020, 1022 (11th 
Cir. 2004).  Diversity jurisdiction is not properly alleged, because the citizenship of Heron 
and Starboard Yacht Group’s members is not properly set forth and clarified. 
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Plaintiff may remedy the deficient jurisdiction allegations by filing an amended 
complaint. See Grange Ins. Co. v. Martin,  __ F.4th __ , Case No. 24 -13463 (11th Cir. 
Feb. 19, 2025)  (unsworn stipulations or statements of citizenship insufficient to cure 
deficient jurisdictional allegations). Accordingly, it is  
ORDERED AND ADJUDGED that Plaintiff’s Complaint (DE [1]) is DISMISSED 
WITHOUT PREJUDICE. Plaintiff may file an Amended Complaint with proper jurisdiction 
allegations within 14 days of the date of this Order. 
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 9th day of July 
2025. 
 
 
 
Copies furnished counsel via CM/ECF 
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