Pure Brazilian USA LLC v. Medrick

Background

Pure Brazilian USA LLC filed the action against Christine Medrick on December 18, 2023. It later filed an amended complaint adding Yvette Felix-Tsaboukos as a defendant. The amended complaint asserted federal jurisdiction based on diversity of citizenship, which generally requires the opposing parties to be citizens of different states.

Jurisdictional Defect

The court explained that a limited liability company is treated as a citizen of every state in which any of its members is a citizen. Although Pure Brazilian identified its principal place of business, the amended complaint did not allege the citizenship of each of its constituent members. The court therefore concluded that the pleading did not properly establish diversity jurisdiction.

Because the amended complaint failed to plead subject-matter jurisdiction, the court dismissed it on its own authority under Federal Rule of Civil Procedure 12(h)(3). The court did not decide the underlying claims.

Disposition

The court dismissed Pure Brazilian’s amended complaint without prejudice and with leave to replead. Pure Brazilian was given 30 days to file an amended complaint that properly asserts subject-matter jurisdiction. If it did not do so within that period, the Clerk of Court was directed to terminate the action.

The court also denied as moot Pure Brazilian’s motion for a temporary restraining order and preliminary injunction. The Clerk was directed to terminate the motion pending at Document 14.