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Contract: Other | Florida Middle
Partial Summary Judgment
MOTION for Partial Summary Judgment by Bulent Kirimli, Ender Sahin. (Attachments: # 1 Exhibit 1 - Declaration of Bulent Kirimli, # 2 Exhibit 2 - Azad Basar Sahudak Deposition Transcript, # 3 Exhibit 3 - Declaration of Daniel Haser, # 4 Exhibit 4 - Amber Sahbudak Deposition Transcript, # 5 Exhibit 5 - Kenny Adock Deposition Transcript, # 6 Exhibit 6 - Mark Hand Deposition Transcript)(Gallagher, Scott)
Insurance | Florida Middle
Order
ENDORSED ORDER striking 24 Plaintiff's disclosure statement. After Plaintiff previously filed an incorrect disclosure statement, the Court directed each party to file a proper disclosure statement that identified the citizenship of the filer in accordance with the instructions on the Court's form by August 19, 2026. Doc. 14. Plaintiff failed to comply, so the Court again directed Plaintiff to do so. Doc. 19. But the 24 disclosure statement Plaintiff eventually filed does not comply with the instructions on the form or adequately identify Plaintiff's citizenship. Plaintiff is a limited liability company ("LLC"). In response to question 7 concerning citizenship, Plaintiff states that Phillip Vogelsang and Rebecca Vogelsang are citizens of Florida. Doc. 24 at 3. And, though not referenced in question 7, id., those same individuals are identified elsewhere on the form as "the two managers" of Plaintiff, id. at 1. But an LLC is considered "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); see also Doc. 24 at 2 ("If the filer is a limited liability company or other unincorporated entity, the filer must identify each member and the citizenship of each member and, if a member is another unincorporated entity, each member of that entity and that member's citizenship, and so on."). In other words, "[f]or purposes of diversity jurisdiction, it is the citizenship of an LLC's members--not its managers--that is relevant." Cadu Med., LLC v. Hartwell Capitol Consulting LLC, No. 8:20-cv-2620-MSS-TGW, 2021 WL 2792118, at *2 (M.D. Fla. Apr. 21, 2021) (citation omitted). Plaintiff is directed to file a properly completed disclosure statement by August 26, 2026. Signed by Magistrate Judge Samuel J. Horovitz on 8/21/2026. (BGR)
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