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Telephone Consumer Protection Act (TCPA) | Florida Middle
Order to show cause
ENDORSED ORDER. According to the complaint, the court has subject matter jurisdiction over this action under the Class Action Fairness Act because at least one class member is a citizen of a state different from Defendant. (Dkt. 1 at 1-2.) The complaint alleges that Plaintiff, Daniel Munoz, is an individual residing in Florida and that Defendant, Bob Evans Farms, LLC, is a corporation incorporated in Ohio. (Id. at 2.) However, the case caption of the complaint identifies Defendant as a limited liability company, not a corporation, and Defendant's name supports that Defendant is in fact a limited liability company. (Id. at 1.) "[A] limited liability company is a citizen of any state of which a member of the company is a citizen." Rolling Greens MHP, LP v. Comcast SCH Holdings LLC, 374 F.3d 1020, 1022 (11th Cir. 2004). The complaint is silent regarding the identities and citizenships of Defendant's members. It is also silent regarding the states of which the class members are citizens. See Smith v. Marcus & Millichap, Inc., 991 F.3d 1145, 1149 (11th Cir. 2021) ("To determine whether minimal diversity exists, courts consider the citizenship of all the class members (including putative), both named and unnamed."). Plaintiff's residence in Florida does not signify his citizenship in the state. See Travaglio v. Am. Express Co., 735 F.3d 1266, 1268 (11th Cir. 2013) ("For diversity purposes, citizenship means domicile; mere residence in the [s]tate is not sufficient." (quotation omitted)). Thus, the complaint does not indicate any citizenships for any parties, and the court cannot conclude from the complaint that at least one class member is a citizen of a state different from Defendant. Accordingly, on or before September 7, 2026, Plaintiff shall show cause why this action should not be dismissed without prejudice for lack of subject matter jurisdiction. Signed by Judge Julie S. Sneed on 8/24/2026. (AJL)
Notice of Lead Counsel Designation
NOTICE of Lead Counsel Designation by Michael Parker Landers on behalf of Daniel Munoz. Lead Counsel: M. Parker Landers. (Landers, Michael)
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