Federal courts have diversity jurisdiction over civil actions when theĪmount in controversy exceeds $75,000 and the action is between citizens of different “independently weight the facts and is not constrained to view them in the light mostĬenturion argues the Complaint must be dismissed because this Court lacksĭiversity jurisdiction. In factual subject matter jurisdictional attacks, this Court need not take theĪllegations in the complaint as true. Matter jurisdiction where the federal claim is clearly immaterial or insubstantial.” Id. Response to a factual attack, a court should dismiss the complaint for lack of subject The Eleventh Circuit has instructed that “n Pleadings, and matters outside the pleadings, such as testimony and affidavits, areĬonsidered.” Id. However, “challenge the existence of subject matter jurisdiction in fact, irrespective of the If the plaintiff has sufficiently alleged a basis of subject matter jurisdiction, and theĪllegations in his complaint are taken as true”. 1999).Īccording to the Eleventh Circuit, facial attacks “require the court merely to look and see 12(h)(3) is that “f the court determines atĪny time that it lacks subject-matter jurisdiction, the court must dismiss the action.” UnderĪ Rule 12(b)(1) motion, a claim’s subject matter jurisdiction may be challenged bothįacially and factually. Retain jurisdiction based on diversity of the remaining parties. is a dispensable party, dismiss Centurion U.S. TFG asks the Court to make a finding thatĬenturion U.S. The Court lacks subject matter jurisdiction. is a citizen of Florida and as long as it is a party At the hearing, Counselįor TFG conceded that Centurion U.S. LLC’s members are citizens of Delaware so there is not diversity. Ohio but its principal place of business is Boca Raton, Florida, and that two (2) of the Centurion states that Centurion Insurance Services Group, LLC is registered in Ohio, and Plaintiff is a Delaware Corporation with its principal place of business in Naples,įlorida. LLC is an Ohio limited liability company with its principal place of business in Cincinnati, Thus, the fact thatĪ hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court. The Court accepts no responsibility for the availability or functionality of any hyperlink. Likewise, the Court has no agreements with any of these third parties or their websites. By allowing hyperlinks to other websites, this Court does notĮndorse, recommend, approve, or guarantee any third parties or the services or products they provide on Users are cautioned that hyperlinked documents inĬM/ECF are subject to PACER fees. Hyperlinks are provided only for users’ convenience. TheĬomplaint states that the Parties are diverse as Centurion Insurance Services Group,ĭisclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. TFG brings this action pursuant to this Court’s diversity jurisdiction. A hearing was held on the issue onĭecember 16, 2015, and argument was heard on the Motion.Ĭenturion moves the Court to dismiss the Complaint for lack of subject matter The Plaintiff, TFG Life Settlements, LLC (TFG) filed its Expedited Response in Motion to Dismiss for Lack of Subject Matter Jurisdiction (Doc. Group, LLC (Centurion U.S.) and Centurion ISG (Europe) Limited’s (together Centurion) This matter comes before the Court on Defendants, Centurion Insurance Services
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